Rendra Ardiansyah, Saddam (2024) Pertanggung-jawaban Perdata Bagi Debitur Wanprestasi Benda Objek Jaminan Fidusia Dalam Perjanjian Pembiayaan Multiguna. Other thesis, Universitas Islam Riau.

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Abstract

Financing institutions have a very significant role in the financing sector. The type of financing that is commonly used is multipurpose financing, which is used as an alternative source of funds for individuals who need funding to meet their needs. However, the distribution of these funds does not always run smoothly. There are times when the debtor is unable to fulfill his obligations for various reasons and does not want to voluntarily hand over the object being guaranteed as repayment of his debt. This results in losses for financing institutions. Even though the debtor's obligations have been stated in the agreed agreement, they should be carried out according to the contents of the agreement. The author wants to discuss the problem formulation as follows: 1) What is the form of responsibility for debtors who default on bad credit with fiduciary collateral objects in multipurpose financing agreements, 2) What are the legal consequences for debtors who default on bad credit with fiduciary collateral objects in multipurpose financing agreements . In this research, the author uses empirical or sociological legal research methods, namely research by obtaining data from primary data sources by directly observing conditions in the field. This research is also descriptive research, namely it will be presented in the form of a systematic explanation. The research results show that debtors who default, resulting in bad credit, are responsible for paying off their debts as agreed. The creditor will charge and give warnings up to 3 (three) times with a grace period between 1 (one) warning and the next of 1 (one) month so that the debtor can pay the loan installments. If this does not result in the debtor paying, credit settlement will be carried out, namely a request for repayment and execution of the guarantee. The legal consequences if the debtor is in default and does not have good intentions in paying the debt, the creditor, through the executorial rights they have in the fiduciary certificate, can confiscate the collateral directly from the debtor provided that the debtor has stated his inability to fulfill his obligations and is in default. The collateral object will be sold either privately based on an agreement or at auction. The proceeds from the sale will be used to pay off the debtor's debt, if there is any remaining it will be returned to the debtor.

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