CD Tesis

Analisis Yuridis Perlindungan Hukum Terhadap Debitur Akibat Penarikan Paksa Objek Fidusia Di Tengah Jalan Berdasarkan Undang- Undang Fidusia Nomor 42 Tahun 1999

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Many financial institutions now use a guarantee system in which if the debtor cannot pay on time the motorbike or car that is being repaid will be taken or withdrawn. Debtors who are unable to pay their motorbike / car installments most of the motorcycle / car debtors will be confiscated. This confiscation is carried out by the debt collector, even the confiscation is done in the middle of the road. Debtors who do not know the law, will surrender if the confiscation or forced withdrawal of fiduciary objects is carried out in the middle of the road.
This type of research used in writing this law is normative legal research that focuses on principles by formulating legal principles, both from social data and from positive written legal data. Meanwhile, when viewed from the nature of this research is descriptive.
The results of this study are legal protection of debtors due to forced withdrawal of fiduciary objects in the middle of the road based on Fiduciary Law Number 42 of 1999 in the form of application of sanctions to the suspension and revocation of financing company business licenses. Pursuant to Article 29 of the Fiduciary Law that the forced withdrawal of fiduciary objects in the middle of the road is not justified and the execution of objects which become fiduciary collateral objects can be carried out by executing executable titles, selling objects that become objects of fiduciary guarantees on the power of fiduciary recipients themselves through public auctions and take payment of the receivables from the proceeds of the sale, and underhand sales made based on the agreement of the fiduciary giver and receiver so that the highest price can be obtained which benefits the parties. Forced withdrawal of fiduciary objects in the middle of the road based on Fiduciary Law Number 42 of 1999 is not permitted. According to Article 30 of the Fiduciary Law, if the fiduciary giver is not willing to surrender the object which is the object of fiduciary security at the time of the execution, the fiduciary recipient can ask the authorities for help. Not by coercion carried out in the middle of the road. If the debtor defaults or does not carry out his obligation to pay off the loan, then based on the reason for the cancellation of the creditor's conditions can cancel the agreement. With the cancellation of the agreement, the creditor can withdraw the goods that have been handed over to the debtor. However, the cancellation cannot be done by the creditor immediately. Cancellation of the agreement must be declared by a court decision. Without a court decision there is no cancellation, and without cancellation the creditor cannot forcibly withdraw what has been received by the debtor halfway through the debt collector. Even if creditors still force themselves to make withdrawals, then that action is a violation of the law.
Keywords: legal protection, forced withdrawal, fiduciary objects.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

10 14. 220 (0031)

Penerbit

Pekanbaru : Universitas Riau – Pascasarjana – Tesis Ilmu Hukum., 2020

Deskripsi Fisik

ix, 65 hlm.: ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

10 14. 220 (0031)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

ILMU HUKUM

Info Detail Spesifik

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Pernyataan Tanggungjawab

FATAH

Versi lain/terkait

Lampiran Berkas

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