STATUS HUKUM PENGGUNAAN DEBT COLLECTOR DALAM PENARIKAN KENDARAAN JAMINAN FIDUSIA

• Main Author: Nadia Fatikha Rachma, (Author)
• Format: Book
• Published: Fakultas Hukum, Universitas Udayana, 2024-01-04.
• Subjects: Article; PeerReviewed
• Online Access: Link Metadata
• Notes: http://repository.upnvj.ac.id/28829/1/2010611073_ArtikelKI.pdf
• Keywords: K Law (General)

This study attempts to ascertain the legal status of the use of debt collectors to withdraw vehicles that have been pledged as fiduciaries and to find out the rules that should be applied regarding the use of debt collectors in carrying out withdrawals of vehicles secured as fiduciaries. This study adopts normative legal research methods with a statutory approach. The findings of this research are that until now the legal status of the use of debt collectors to withdraw vehicles that have been pledged as fiduciary has not been regulated in statutory regulations. The rules of the Fiduciary Guarantee Law are a problem in themselves because the fiduciary law does not regulate the provisions for the use of debt collectors in carrying out withdrawals on vehicles guaranteed by fiduciaries. The rules for using debt collectors for withdrawing vehicles that have been pledged as fiduciary are regulated through other statutory regulations such as POJK 35/2018. On the one hand, the Fiduciary Guarantee Act of 1999, number 42 regulates the implementation of fiduciary execution, including in Article 15, article 29, and Article 30. By constitutional judge number 18/PUU-XVII/2019's ruling, the existence of this fiduciary should be able to guarantee the fulfillment of the debtor's rights when he is unable to pay his credit installments, carried out using the correct procedures by the law, not by forcefully withdrawing the fiduciary collateral.