Analisis Terhadap Perlindungan Hukum Bagi Kreditur Atas Pengalihan Objek Fidusia Ke Pihak Ketiga Tanpa Persetujuan Pihak Kreditur

Arrentino, Reno (2021) Analisis Terhadap Perlindungan Hukum Bagi Kreditur Atas Pengalihan Objek Fidusia Ke Pihak Ketiga Tanpa Persetujuan Pihak Kreditur. Other thesis, Universitas Islam Riau.

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Abstract

Legal protection for creditors for the transfer of fiduciary objects in the form of four-wheeled vehicles to a third party without the approval of the creditor is very necessary, considering that this action is often carried out by the debtor because the debtor is no longer able to pay installments of vehicle credit to creditors that are due each month. . One of the ways the Debtor does is by transferring the Fiduciary object to a third party under the hand (without the creditor's approval), and this will cause complicated problems in the future. For this reason, legal protection is required for Creditors for the actions of the Debtor who deliberately transfers the fiduciary object to a third party. Based on the above background, the formulation of the problems that will be answered in the writing of this thesis include: what is the legal protection for creditors for the transfer of fiduciary objects in the form of four-wheeled vehicles to third parties and what are the obstacles in legal protection for creditors over the transfer of fiduciary objects in the form of four-wheeled vehicles to third parties. third party without creditor approval. Writing this thesis, using sociological law research methods by means of surveys, namely research that takes data directly from respondents using interviews as a data collection tool, then the data taken is processed so that conclusions can be obtained by deductive. Meanwhile, when viewed from its nature, this research is descriptive, namely research that explains in clear and detailed sentences about the two problem formulations discussed. Legal protection for creditors for the transfer of fiduciary objects in the form of four-wheeled vehicles to a third party without the approval of the creditor that Law No. 42 of 1999 concerning fiduciary guarantees has attempted to provide protection for the interests of creditors, but it is very unfortunate that the implementation of creditors' protection has resulted in creditors having to carry out the execution of fiduciary guarantees, and the act of execution makes creditors deal with the Police because they have made a forced withdrawal. Constraints in legal protection for creditors over the transfer of a fiduciary object in the form of a four-wheeled vehicle to a third party without the approval of the creditor include: lack of firmness in carrying out the execution, even though the object of fiduciary collateral concerns moving objects whose movements are very fast so they are prone to embezzlement, lack of confirmation is necessary there is supervision by the fiduciary recipient of fiduciary collateral controlled by the debtor and there is no strict sanction for debtors who take action to transfer fiduciary objects to third parties.

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