LAW OF GUARANTEE

1. What is the understanding of guarantee? Where is it set in civil code and

positive act in Indonesia?
Guarantee means the creditor has the right to demand fulfillment of
recervable debtors assets. According to hastono hadi soeprapto, guarantee is
something that is given to lenders to induce the belief that the debtor will
fulfill the obligations that can be assessed with the money arising from a
commitment.
It is set in book III of civil code (article 1820-1851) and law no 4 of 1996.

2. What do you think about general and specific guarantee and give the legal
basis!
General guarantee is regulated under article 1131 and 1132 of civil
code.
Article 1131:
All movable and immovable properties of the debtor, either present or future,
serve as securities for the personal obligations of the debtor.
Article 1132:
The properties serve as joint guarantee for the creditors, the proceed there of is
to be divided among the creditor in proportion to their loan, unless there exists
a legal order of priority among the creditors.
Specific guarantee is specific rights for pledge, mortgage, fidusia.

3. Mention the understanding a pledge and give example for support human daily
activity!
A pledge is a right which is obtained by a creditor in a movable asset,
which has been provided to him by the debtor or his representative to secure a
debt, and which entitles the creditor priority over the other creditors with
regard to the settlement of the debt; with the exception of the cost incurred,
after a pledge, for the maintenance of the asset, which is have priority
(article 1150)
example: pledge of house, pledge of motocycle, pledge car, etc

4. What is the requirement / conditions to make a pledge agreement? Give the

legal basis!
1. consensus
2. capability
3. special circumstances
4. halal cause
set in civil code article 1320

5. What is the meaning of “ pledge cannot be divided ” give the example and
what are the consequences if the object of pledge agreement handed back to
the debtor giver of pledge!
The consequences if the object of pledge agreement handed back to the debtor
of pledge, a person acquired, a credit the body moves, which sub mitted to him
by a debt or other person on his behalf, and that gives power to the creditor,
with exceptions to auction tees and cost of goods that have been issued to save
him, after the goods were pawned which cost, which should take precedence.