Pelaksanaan Eksekusi Objek Jaminan Fidusia Pasca Putusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019 Di Adira Finance (PT Adira Dinamika Multi Finance Tbk) Jalan Tuanku Tambusai Pekanbaru

Yanti, Dwi Riski (2021) Pelaksanaan Eksekusi Objek Jaminan Fidusia Pasca Putusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019 Di Adira Finance (PT Adira Dinamika Multi Finance Tbk) Jalan Tuanku Tambusai Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

Prior to the enactment of the Constitutional Court decision Number 18 / PUU-XVII / 2019, the execution of this fiduciary guarantee object is in its implementation if the person has exceeded the time limit, the financing institution can still execute the guarantee but after the issuance of the Constitutional Court decision Number 18 / PUU -XVII / 2019 regarding the execution of the fiduciary guarantee object, the financing institution continues to carry out the execution of the fiduciary guarantee object without any decision from the court when the creditor makes a default. The main problem in this research is how the execution of the fiduciary guarantee object after the Constitutional Court decision Number 18 / PUU-XVII / 2019 at Adira Finance (PT Adira Dinamika Multi Finance Tbk) Jalan Tuanku Tambusai Pekanbaru and what are the obstacles in implementing the fiduciary guarantee object after the decision of the constitutional court Number 18 / PUU-XVII / 2019 at Adira Finance (PT Adira Dinamika Multi Finance Tbk) Jalan Tuanku Tambusai Pekanbaru. The method used in this research is observational research by means of direct field surveys. While the nature of this research is descriptive, namely, a depiction of the nature of an individual, circumstances or other symptoms in society. And in this study the authors set the sample by purposive sampling. In this field study, the authors used interview and questionnaire methods. The author's data analysis is based on qualitative methods. The results of the discussion of this study are that Adira Finance does not immediately carry out the execution, but carries out several stages that have been agreed upon by us with the debtor, these stages are in the form of SP1 SP2 SP3, if the debtor still does not pay off his debt we from Adira Finance will send a summons to the debtor, and if the debtor still does not pay off his debt, we, Adira Finance, will issue a withdrawal letter against the object of fiduciary security in the form of a motorbike or car, while the execution based on the decision of the Constitutional Court Number 18 / PUU-XVII / 2019 is different from the execution carried out by adira finance party, adira finance should carry out the execution based on the decision of the Constitutional Court Number 18 / PUU-XVII / 2019 which contains in executing the execution of the fiduciary guarantee object for customers who are in default or in default, there must be a decision from the new court to carry out the execution. si. Obstacles according to Adira Finance, since the enactment of this decision, it is very difficult to collect claims against customers due to legal regulations. In which case, if the law is violated, Adira Finance will be the one to bear the consequences. Another obstacle is from customers. Customers who insist not to remove the unit and violate the payment deadline.

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