the meaning of indigenous rights in fidusian guarantee in the perspective oflaw number 42 of 1999 concerning fidusian guarantee

The purpose of this article is to discuss the meaning of material rights in fiduciary security in theperspective of law number 42 of 1999 concerning fiduciary security. the research method used isdocument review with the statute approach approach to fiduciary legislation as primary legal material, aswell as various secondary legal materials such as the results of fiduciary scientific studies and literaturereference materials about fiduciary. the analysis used is content analysis of articles related to fiduciarylaw. the results showed that the meaning of property rights in nature is always attached to the owner. onthe other hand, according to customary law, the meaning of property rights is essentiallycommunal/collective (family/community) as the basis for their rights, both for movable or immovableobjects in their possession. essentially fiduciary property rights are handed over from the debtor's handsto the creditor, with a belief that the property rights will be handed over again if the debtor has paid offhis debts, but in the process of surrender, control and his debts often cause legal problems, even thoughthe fiduciary guarantee institute has been formed. the conclusion that the meaning of material rights infiduciary security lies in the matter of 'delivery' and 'mastery' of the items guaranteed.