Background of Fiduciary Guarantee

Oct 13, 2025 by leolavanderia.com.br 49 views

Introduction

In the rapidly growing economy, the banking sector has also experienced significant developments, reflected in the increasing provision of credit by banking institutions and non-bank institutions. The granting of this credit usually involves a guarantee institution regulated in the applicable laws and regulations. One form of guarantee that is widely used today is fiduciary guarantee. The word 'fiduciary' comes from the Roman language, namely 'Fides', which means trust. On September 30, 1999, the new law governing the Law of Guarantee, namely Law Number 42 of 1999 concerning Fiduciary, was passed.

Background of Fiduciary Guarantee

Fiduciary, or Fiduciaie Eigendomsovertdomsovertdoms (FEO), is a guarantee of property rights based on trust, and is an alternative form of guarantee of movable goods other than pawn and warehouse receipts. According to RI Law No. 42 of 1999, Fiduciary is the transfer of ownership rights of an object based on trust with the provision that the object is still controlled by its owner. The distinctive feature of fiduciary guarantees is a follow-up agreement of a main agreement that requires both parties to meet certain achievements. This type of guarantee is widely used in various industries, including banking, as it provides a secure and reliable way to manage credit risks.

The Role of Fiduciary Guarantee in Credit Application

The existence of fiduciary as a guarantee institution is currently in great demand by customers (debtors) in providing credit. Before the credit is given, the bank makes a comprehensive assessment of the credit application. The main purpose of this assessment is to build trust and to avoid unwanted risks if credit is approved. In accordance with Article 4 of the Fiduciary Law, Fiduciary Guarantee is a follow-up agreement from a main agreement that creates an obligation for the parties to pay off achievements. This shows that fiduciary binding is an integral part of a credit agreement or other debt agreements.

Mechanism of Fiduciary Guarantee

The mechanism for granting credit with fiduciary guarantees is simpler than the method of granting traditional banking credit. This process focuses on two main aspects, namely the loading and registration mechanism. This is because the fiduciary agreement is more based on trust, so that prospective credit recipients are not burdened by various technical aspects that are usually contained in credit agreements, such as 5C (Character, Capacity, Capital, Collateral, Conditions). With this understanding, it can be concluded that the implementation of fiduciary guarantees makes it easy for debtors in the credit application process.

Benefits of Fiduciary Guarantee

The implementation of fiduciary guarantees has several benefits, including:

Simplification of credit application process: Fiduciary guarantees make it easier for debtors to apply for credit, as the process is simpler and less burdensome.
Acceleration of lending process: Fiduciary guarantees allow banks to accelerate the lending process without reducing aspects of supervision and accountability.
Improved risk management: Fiduciary guarantees provide a secure and reliable way to manage credit risks, which is essential for maintaining good relations between banks and debtors.

Implementation of Fiduciary Guarantee at PT. Bank Mandiri AR Hakim Branch

In the context of PT. Bank Mandiri AR Hakim Branch, Application of Fiduciary Guarantee to bad credit debtors requires special attention, especially in dealing with problems that arise due to the inability of the debtor in fulfilling their obligations. The preparation of risk mitigation strategies and strengthening supervision of the credibility of the debtor is an important step for the sustainability of healthy credit in the banking world.

Conclusion

In conclusion, the implementation of fiduciary guarantees is a crucial aspect of credit management in the banking sector. Fiduciary guarantees provide a secure and reliable way to manage credit risks, simplify the credit application process, and accelerate the lending process. However, it is essential to note that fiduciary guarantees are based on trust, and good risk management is still needed to prevent bad loans. Therefore, banks must prepare risk mitigation strategies and strengthen supervision of the credibility of the debtor to ensure the sustainability of healthy credit in the banking world.

Recommendations

Based on the findings of this study, the following recommendations are made:

Banks should implement fiduciary guarantees as a standard practice: Fiduciary guarantees provide a secure and reliable way to manage credit risks, simplify the credit application process, and accelerate the lending process.
Banks should prepare risk mitigation strategies: Risk mitigation strategies are essential for preventing bad loans and maintaining good relations between banks and debtors.
Banks should strengthen supervision of the credibility of the debtor: Strengthening supervision of the credibility of the debtor is essential for ensuring the sustainability of healthy credit in the banking world.

Limitations of the Study

This study has several limitations, including:

Limited scope: This study only focuses on the implementation of fiduciary guarantees at PT. Bank Mandiri AR Hakim Branch.
Limited data: The data used in this study is limited to the data available at PT. Bank Mandiri AR Hakim Branch.
Limited analysis: The analysis of the data is limited to the qualitative method.

Future Research Directions

Future research directions include:

Comparative study: A comparative study of the implementation of fiduciary guarantees at different banks would provide a more comprehensive understanding of the benefits and limitations of fiduciary guarantees.
Quantitative analysis: A quantitative analysis of the data would provide a more detailed understanding of the impact of fiduciary guarantees on credit management.
Case study: A case study of the implementation of fiduciary guarantees at a specific bank would provide a more in-depth understanding of the benefits and limitations of fiduciary guarantees.

Q: What is a fiduciary guarantee?

A: A fiduciary guarantee is a type of guarantee that is based on trust, where the owner of an object transfers the ownership rights of the object to a third party, while still controlling the object.

Q: What are the benefits of fiduciary guarantee?

A: The benefits of fiduciary guarantee include simplification of credit application process, acceleration of lending process, and improved risk management.

Q: How does fiduciary guarantee work?

A: Fiduciary guarantee works by transferring the ownership rights of an object to a third party, while still controlling the object. This allows the owner to use the object as collateral for a loan, while still maintaining control over the object.

Q: What are the risks associated with fiduciary guarantee?

A: The risks associated with fiduciary guarantee include the risk of default, where the borrower fails to repay the loan, and the risk of loss of control over the object.

Q: How can banks mitigate the risks associated with fiduciary guarantee?

A: Banks can mitigate the risks associated with fiduciary guarantee by preparing risk mitigation strategies, such as conducting thorough credit checks and monitoring the borrower's credit history.

Q: What is the role of fiduciary guarantee in credit management?

A: Fiduciary guarantee plays a crucial role in credit management by providing a secure and reliable way to manage credit risks, simplify the credit application process, and accelerate the lending process.

Q: Can fiduciary guarantee be used for all types of loans?

A: No, fiduciary guarantee is typically used for loans that are secured by collateral, such as mortgages or car loans.

Q: How can debtors benefit from fiduciary guarantee?

A: Debtors can benefit from fiduciary guarantee by having a simpler and less burdensome credit application process, and by having access to credit at a lower interest rate.

Q: What are the implications of fiduciary guarantee for the banking industry?

A: The implications of fiduciary guarantee for the banking industry include the need for banks to prepare risk mitigation strategies, strengthen supervision of the credibility of the debtor, and improve risk management practices.

Q: Can fiduciary guarantee be used in conjunction with other types of guarantees?

A: Yes, fiduciary guarantee can be used in conjunction with other types of guarantees, such as collateral-based guarantees or performance-based guarantees.

Q: What are the future directions for research on fiduciary guarantee?

A: Future directions for research on fiduciary guarantee include comparative studies of the implementation of fiduciary guarantees at different banks, quantitative analysis of the data, and case studies of the implementation of fiduciary guarantees at specific banks.

Q: What are the limitations of fiduciary guarantee?

A: The limitations of fiduciary guarantee include the risk of default, the risk of loss of control over the object, and the need for banks to prepare risk mitigation strategies.

Q: Can fiduciary guarantee be used for all types of debtors?

A: No, fiduciary guarantee is typically used for debtors who have a good credit history and who are able to provide collateral for the loan.

Q: How can banks ensure that fiduciary guarantee is used effectively?

A: Banks can ensure that fiduciary guarantee is used effectively by preparing risk mitigation strategies, strengthening supervision of the credibility of the debtor, and improving risk management practices.

Q: What are the implications of fiduciary guarantee for the economy?

A: The implications of fiduciary guarantee for the economy include the potential for increased access to credit for small and medium-sized enterprises, and the potential for improved risk management practices in the banking industry.