Abstract

The purpose of this study is to analyze the validity of granting fiduciary security over objects that are not owned by the debtor as collateral for loan agreements, and to examine the legal protection afforded to creditors in such arrangements. This research employs a normative legal method. The approaches used include statutory, conceptual, and case-based approaches. The legal materials consist of primary and secondary sources, collected through library research techniques. The analysis of legal materials is conducted using prescriptive methods and juridical interpretation to evaluate both the validity and creditor protection in fiduciary security agreements involving non-owner subjects. The findings of this study indicate that the validity of granting fiduciary security over objects not owned by the debtor depends on the consent of the original owner of the object to be used as collateral. Without such consent, the fiduciary security agreement is null and void by law, as it fails to meet the objective requirements of a contract. Legal protection for creditors in this context relies on the presence of good faith, which enables them to obtain both preventive and repressive legal safeguards.