CD Skripsi

Perlindungan Debitor Atas Parate Eksekusi Objek Jaminan Fidusia Oleh Pihak Lain

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The interpretation of parate execution of fiduciary guarantees has changed following the Constitutional Court Decision No. 18/PUU-XVII/2019, which stated that creditors can no longer carry out parate execution solely based on the debtor’s default, determined unilaterally. In practice, the parate execution of motor vehicle fiduciary guarantees by external collectors often does not align with applicable regulations, such as the unilateral determination of default, the absence of registration of the object as a fiduciary guarantee, and the use of force in the parate execution process. Therefore, the objectives of this research are: First, to examine the legal relationship between PT. Winata Jaya Sentosa, as the third party, and PT. BCA Finance, as the creditor. Second, to investigate the implementation of debtor protection in the parate execution of fiduciary objects by third parties.
This research uses a sociological legal approach, focusing on the effectiveness of law in society. The nature of this research is descriptive, systematically describing the facts and characteristics of the objects being studied. Data collection techniques in this study include interviews and literature review. Once the data is collected, it will be analyzed to draw conclusions.
Based on the research conducted, the legal relationship between PT. BCA Finance and PT. Winata Jaya Sentosa as a third party is based on a Collection Cooperation Agreement, where PT. Winata Jaya Sentosa acts on behalf of PT. BCA Finance to carry out the collection function. The implementation of debtor protection in the parate execution of fiduciary objects conducted by third parties does not comply with Constitutional Court Decision No. 18/PUU-XVII/2019. This is because the creditor still unilaterally determines the default and executes the fiduciary object without the debtor's consent. In carrying out the collection, PT. Winata Jaya Sentosa still engages in practices inconsistent with Article 62 paragraph (2) of the Financial Services Authority Regulation No. 22 of 2023 on Consumer and Public Protection in the Financial Services Sector, such as parate execution through threats or coercion, parate execution outside the consumer's domicile, on holidays, or outside the hours of 08:00 to 20:00, and on vehicles not registered as fiduciary objects. The creditor, namely the Financing Company or the Debt Collection Company as its representative, should implement fiduciary object execution in accordance with the applicable regulations, including Constitutional Court Decision No. 18/PUU-XVII/2019 and Article 62 paragraph (2) of Financial Services Authority Regulation No. 22 of 2023. If the debtor refuses to voluntarily surrender the fiduciary object, the matter must be resolved through a court decision.
Keywords: Fiduciary Collateral-Legal Relationship-Parate Execution

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

2009112766

Penerbit

Pekanbaru : Universitas Riau - F. Hukum - Hukum Perdata., 2024

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

2009112766

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

Info Detail Spesifik

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Pernyataan Tanggungjawab

Vina

Versi lain/terkait

Lampiran Berkas

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