https://ejournal.ipinternasional.com/index.php/jsh <p>Jurnal Smart Hukum (JSH) <strong>E-ISSN. 2961-841X</strong> is a Legal science journal issued by Inovasi Pratama Internasional. Ltd. The Editorial Board only accepts research and discussion in the field of law which is already in the form of journal articles to be considered for publication.</p> <p>The focus of this journal are Law with the fields of Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Customary Law, Environmental Law and other parts related to contemporary issues in law.</p> Inovasi Pratama Internasional. Ltd en-US Jurnal Smart Hukum (JSH) 2961-841X https://ejournal.ipinternasional.com/index.php/jsh/article/view/833 <p>The law of not registering fiduciary creditors has significant consequences for the enforceability and validity of fiduciary guarantees. Based on Law Number 42 of 1999 concerning Fiduciary Guarantees, creditors receiving fiduciaries must be registered as members of the Fiduciary Guarantee Council. Failure to register a fiduciary creditor can give rise to legal problems in terms of executing fiduciary guarantees, because the guarantee cannot be used as evidence or a legal resource. Therefore, efforts need to be made to prevent this from happening and ensure that creditors who receive fiduciaries meet the requirements to be registered as members of the Fiduciary Guarantee Council. This research uses a qualitative data analysis approach to conduct normative legal studies. The main legal sources in this research are primary legal sources. The conclusion of this research is that an unregistered fiduciary agreement has legal consequences, where the creditor does not have a preferred position in the event of bankruptcy and only acts as a concurrent creditor. And if the debtor defaults, the creditor does not have direct executorial rights over the fiduciary collateral, if the debtor is unable to pay off the entire debt at the agreed time.</p> Diana R. W. Napitupulu Copyright (c) 2024 Diana R. W. Napitupulu https://creativecommons.org/licenses/by/4.0 2024-04-24 2024-04-24 2 3 72 76 10.55299/jsh.v2i3.833