This law writing studies and concentrates about settlement forms which is
carried out by BPR Madani Sejahtera Abadi toward property of fiduciary
guarantee pawned by debtor to another party. This research method uses
empirical law writing method which focuses on society behavior (law in action),
and the research needs primary data as main data besides secondary data (law
substance). In article 23 section 2 Fiducia Act No. 42/1999 mentioned that fiducia
giver is forbidden switching, pawning, or renting out to another party property
which become fiduciary guarantee object which is not reservation property,
unless by writing permission before to fiduciary receiver. Therefore, fiduciary
giver (debtor) is forbidden to switch or pawn fiduciary guarantee property
whatever the substance is. BPR Madani Sejahtera Abadi is one of BPR exists in
Yogyakarta provides credit for society and where many credit agreements within
fiduciary guarantee exists. Nevertheless, from the all of credit agreement within
fiduciary guarantee, there’s a few of debtor pawn the property which becomes
object of fiducia guarantee. Those cases, definitely, have opposed the regulation
in article 23 section 2 Fiducia Act No. 42/1999 and the content of credit
agreement written by the parties. Settelement forms which are carried out by BPR
Madani Sejahtera Abadi such as by doing oral reprimand, writing reprimand, and
litigation as the final settlement.