Perlindungan Hak Konsumen Terhadap Barang Kredit Yang Ditarik Oleh Kolektor Berdasarkan Undang undang Nomor 42 Tahun 1999 Tentang Jaminan Fidusia Di PT.BCA Finance Pekanbaru

Fiansyah, Arif (2021) Perlindungan Hak Konsumen Terhadap Barang Kredit Yang Ditarik Oleh Kolektor Berdasarkan Undang undang Nomor 42 Tahun 1999 Tentang Jaminan Fidusia Di PT.BCA Finance Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

i ABSTRACT Fiduciary guarantee institutions allow fiduciary givers to still continue to control the object that is guaranteed, because it is only the right of ownership submitted to creditors on the basis of trust. In terms of financing the purchase of a car, the car can still be controlled by the debtor but the rights ownership is handed over to the creditor with an agreement to transfer rights fiduciary property. Every promise to carry out the execution of objects which is the object of a fiduciary guarantee in a way that is contrary to the the above provisions are null and void. Every promise that delivers the authority to the fiduciary recipient to own the object that becomes the object Fiduciary guarantee if the debtor breaks his promise, it is null and void by law. In terms of execution exceeds the value of the guarantee, the fiduciary recipient is obliged to return the advantages to the fiduciary giver. If the execution result is not sufficient to pay off the debt, the debtor remains responsible for the debt unpaid The research problem is, How is the Protection of Rights? Consumers Against Credit Items Withdrawn By Collectors At PT BCA Finance Pekanbaru Based on Law No. 42 of 1999 concerning Fiduciary Guarantee, and What Are the Inhibiting Factors in Providing Consumer Rights Protection for Withdrawn Credit Items By a Collector at PT BCA Finance. The research method is to use the type, namely observational research or by survey. Judging from its nature, this research is descriptive, namely the author tries to describe the Legal Protection for Consumers Against Goods withdrawn by collectors and rights owned by consumers at PT BCA Finance Pekanbaru. The results of the study found that the protection of consumer rights against Credit Items Withdrawn By Collectors At PT BCA Finance Pekanbaru are has not been going well because when the motorized vehicle belongs to the consumer has been withdrawn there is no further information on the existence of the vehicle, whether it is for sale or auction. So that when the vehicle will be auctioned or sold the consumer does not know the results are more than or sufficient to pay off consumer debt. However, when the results of the execution are not sufficient to pay off debt, the consumer still have to be responsible for unpaid debts, and Obstacles in Providing Protection of Consumer Rights to Goods Credits Withdrawn By Collectors At PT BCA Finance are non-existent legal counseling by the Provincial Ministry of Law and Human Rights Riau to financial institutions regarding fiduciary guarantees, especially in the process of registering fiduciary guarantees, There is no information regarding clarity of consumer vehicles from the financing institution, less understanding of consumers in terms of withdrawal procedures and lack of legal awareness financial institutions in carrying out withdrawals so that they carry out withdrawal by force.

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