Analisis Perjanjian Sewa Menyewa Satu Unit Mobil Yang Merupakan Objek Jaminan Fidusia (Studi Putusan Nomor 188/PDT.G/2017/PN.PBR

Ning, Ajeng Pratiwi Hartias (2019) Analisis Perjanjian Sewa Menyewa Satu Unit Mobil Yang Merupakan Objek Jaminan Fidusia (Studi Putusan Nomor 188/PDT.G/2017/PN.PBR. Other thesis, Universitas Islam Riau.

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Abstract

The object for lease carried out by the plaintiff with the defendant is a motorized vehicle (car) which is under fiduciary security and as a fiduciary guarantee the car cannot be used as an object for leasing due to the transfer of rights between the plaintiff and the defendant against the possession of the car, while the defendant is also a defendant as a The leassing party also does not have the right to withdraw fiduciary collateral that is not under the plaintiff's authority as a debtor in the fiduciary agreement. the main problems in this study are 1) how the rental of renting a unit of car which is an object of fiduciary security based on the decision No: 188 / Pdt.G / 2017 / PN.Pbr in terms of Law No. 42 of 1999 concerning Fiduciary Guarantees and 2) how the legal considerations of the judges of the Pekanbaru District Court in deciding cases Number: 188 / Pdt.G / 2017 / PN.Pbr. This type of research is classified as normative legal research that is research by studying case decisions Number: 188 / Pdt.G / 2017 / PN.Pbr, while the nature of this study is descriptive analytical research that provides as much research as possible about the state or symptoms phenomena that can help strengthen old theories or in order to develop new theories. The implementation of leasing a unit of car which is an object of fiduciary security is an agreement that is outside the Civil Code, agreements that arise, grow, live and develop in the community because of the principle of freedom of contract which is carried out with the imposition of fiduciary guarantees between consumers as the the debtor (Fiduciary Giver) and the financing company as the creditor (Fiduciary Recipient) are included in an anonymous agreement, as far as the contents of the agreement as long as it meets the legal requirements of the agreement as stipulated in Article 1320 of the Civil Code, the agreement is fully binding. The judges' legal considerations regarding the facts or events to be decided are the result of conclusions from the arguments of the parties who have proven them in the hearing. The judgment of the panel of judges in its decision is based on the judge's knowledge of the events or legal facts submitted to him. This knowledge is obtained from the results of examination of evidence from evidence submitted by the parties, which are then linked between the event with the laws and regulations relating to the event.

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