The growth of Indonesia development recently has increased significantly. It covering all
areas including the economic area that from year to year, the growth has become bigger
and demanding the society to offsetting the economic growth as the impact of Indonesia
development. Because of that, the society was demanded to rely on their energy, mind,
even property. Often people pledge their property as a mortgage or using it as a
collateral, or selling it to get money. This thesis discussed the application of fiduciary
collateral burden for the new motor vehicle that the book vehicle owners (BPKB) has not
been issued yet. This thesis was conducted due to concerns related to the conflict between
regulation that issued by Director General of Administration of General Laws with the
case that really happened. The conclusion of this thesis was the regulation that regulated
the fiduciary requirements for the new vehicle that established by Director General of
Administration of General Laws may be waived for the new motor vehicle that does not
have BPKB as a proof of unissued ownership. So that, the new motor vehicle that the
BPKB has not been issued yet can be pledge as a fiduciary debt guarantee by attached
the requirement in the form of statement that stated that the vehicle belongs to debtor, the
invoice for purchase of the motor vehicle on behalf of the debtor and proven by the
photocopy of identity card and also attached the certificate from the dealer that the
BPKB was still in the process of issuing.