The existence of debts reasonably necessary in everyday life, both to meet basic needs, and to meet other needs. But in reality, to obtain a loan in the form of money is not easy, this is because the lender or the lender is not willing to provide loans without any certainty of repayment of the loan. Therefore, usually the lender will ask for collateral to the borrower or debtor, so that certainty for repayment or loan that has been granted. Guarantee the master object for creditors safer, especially if focused on moving objects, which is easily moved and changed its value. Guarantees given by the master object instance on lien (pand, pledge) and retention rights.
Retention rights derived from the word "retain", which means the right to keep hold (an object). The meaning of retention rights is the right to hold some object to a receivable relating to it repaid.
The general rule in the Civil Code concerning the right of retention is governed by Article 575, Article, 576, Article 577, Article 578, Article 715, Article 725, Section 1616, Section 1729, Section 1812 and Section 1364. The right of retention can not be divided , if for example a part of the debt is not paid, then do not mean to restore some of the goods detained. Debts must be paid first entirely new goods entirely restored. Retention rights and the rights may not carry the goods detained wear but can only hold only and should not be used.
Retention rights granted to the holder of the position of a person in charge of :
- Costs to be incurred by it in order to save and improve the state of the material under their control;
- Claim back any costs incurred to obtain the results of the material under their control (in which case the object is ground), during and throughout the results were at the time of the handover to be material in question has not been separated from the soil. And does not include: a). All costs and expenses that have been incurred in order to maintain the material solely; b). Costs that he remove it in order to obtain results that he is entitled to enjoy it to power their position.
The characteristics of the right of retention is as follows :
- Is on deel baar, meaning that the rights holders are not required to submit a partial retention of the object being held, when some of piutangnnya already paid off;
- The retention rights do not cover the right to use or obtain favors from objects in its custody and also there is no right to have it;
- If the debtor in a state failisement, creditors remain as retention rights holders;
Of the provisions given in Article 575 paragraph (2) of the Civil Code and Article 576 of the Civil Code can be seen that the so-called retention rights is the right to withhold material belonging to the debtor in order for the debtor to meet its obligations or pay its debts or perform perikatannya to creditors who granted such retention .
So basically right of retention is accesoir meaning attached to an obligation, achievement, debt, or the engagement to be made, paid, or filled by the debtor. Retention rights that are accesoir that participate switch, remove and canceled with the shift, and the abolishment of the cancellation of the principal agreement. Other provisions governing the retention rights, which are outside the legal field material, can also be found in the legal provisions governing the engagement which together with the material laws are in property law field. The provisions concerning the legal rights of retention in the engagement can be found among others in Section 1616, Section 1729, and Article 1812 of the Civil Code.
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