CD Skripsi

Perlindungan Hukum Terhadap Konsumen Dalam Eksekusi Objek Jaminan Fidusia Oleh Perusahaan Pembiayaan Pasca Keluarnya Putusan Mahkamah Konstitusi Nomor 18/Puu-Xvii/2019

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ABSTRACT
Legal Protection for Consumers in the Execution of Fiduciary Guarantee Objects by
Financing Companies After the issuance of the Constitutional Court Decision Number
18/PUU-XVII/2019 is interesting to do in the form of a thesis. First, the considerations
and decisions of the Constitutional Court's decision have fundamentally changed the
concept of default and the execution of fiduciary guarantees which have been practiced
for more than 10 years (since the 2009 Fiduciary Security Law was enacted). Second, the
Constitutional Court's Decision No. 18/PUU-XVII/2019 has created a debate about the
pros and cons among academics and practitioners. Third, there are different
interpretations by judges in interpreting the considerations and decisions of the
Constitutional Court Decision. Starting from these legal issues, the writing of this thesis
aims: First, to find out and analyze the legal protection for consumers in the execution of
fiduciary guarantee objects by the Financing Company before the issuance of the
Constitutional Court's Decision No. 18/PUU-XVII/2019. Second, to find out and analyze
the legal protection for consumers in the execution of fiduciary guarantee objects by the
Financing Company after the issuance of the Constitutional Court Decision No. 18/PUUXVII/
2019.
Using a normative juridical research method with a statutory, conceptual and case
approach, the results of the study show: First, legal protection for consumers in the
execution of fiduciary guarantee objects before the issuance of the Constitutional Court
Decision No. 18/PUU-XVII/2019 has 4 main characteristics: (a) in a fiduciary
agreement, the determination of default occurs when the debtor is negligent with the
passage of time specified in the agreement; (b) in a fiduciary agreement, if the debtor is
in breach of contract, the fiduciary recipient has the right to execute and sell objects that
are the object of the fiduciary guarantee on his own power (parate execution) without
going through a court decision; (c) in the agreement and execution of fiduciary
guarantees based on the provisions of Article 15 and Article 29 UUJF, the position of the
parties is not balanced where the debtor is in a weak position; and (d) in the execution of
fiduciary guarantees based on the provisions of Article 15 and Article 29 of the UUJF,
legal protection for consumers is weak so that there is the potential for violations of
consumers' rights to comfort, security, and safety in consuming goods and/or services.
Second, legal protection for consumers in the execution of fiduciary guarantee objects
after the issuance of the Constitutional Court Decision No. 18/PUU-XVII/2019 has 5
main characteristics: (a) in a fiduciary agreement based on the provisions of Article 15
paragraph (3) of the UUJF, the determination of default cannot be determined
unilaterally by the creditor based on a clause in the fiduciary agreement except on the
basis of an agreement between the creditor and the debtor or on the basis of legal
remedies that determine that a default has occurred; (b) in the execution of a fiduciary
guarantee based on the provisions of Article 15 paragraph (2) of the UUJF, the creditor
must obtain a court decision before carrying out the execution if there is no agreement on
default and the debtor object to voluntarily submitting the object that becomes the
Fiduciary Guarantee; (c) in the agreement and execution of fiduciary guarantees based
on the provisions of Articles 15 and 29 of the UUJF, the parties are in a balanced
position; (d) in the execution of fiduciary guarantees based on the provisions of Article
15 and Article 29 of the UUJF, consumers get strong legal protection so as to minimize
the potential for violations of consumer rights to comfort, security, and safety in
consuming goods and/or services; and (e) there are still differences of interpretation by
the court in deciding cases of execution of fiduciary guarantees after the Constitutional
Court Decision No.18/PUU-XVII/2019.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1709114300

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2023

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1709114300

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PERDATA BISNIS

Info Detail Spesifik

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Pernyataan Tanggungjawab

DAUS

Versi lain/terkait

Lampiran Berkas

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