Siddiq Putra Ekawan, Maulana (2024) Analisis Yuridis Tentang Jual Beli Motor Over Kredit Di Bawah Tangan Yang Masih Terikat Perjanjian Leasing Berdasarkan Undang-undang Nomor 42 Tahun 1999 Tentang Jaminan Fidusia. Other thesis, Universitas Islam Riau.

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Abstract

ABSTRACT Finance companies face various problems in connection with these actions and can take actions such as imposing sanctions in the form of fines or even reporting consumers to the authorities for sale and purchase agreements made without permission from the finance company, including cases of Over Credit where vehicles are sold to other parties without the knowledge of the consumer finance company. The main problem in this study is how the legal mechanism related to the sale and purchase of motorcycles over credit under hands that are still bound by leasing agreements based on Law Number 42 of 1999 concerning Fiduciary Guarantee, and whether this practice meets applicable legal provisions and . What are the juridical implications of a motorcycle over credit sale and purchase transaction under the hands that are still bound by a leasing agreement on the rights and obligations of the parties involved. This research method uses a type of normative juridical law, namely by analyzing various internal aspects of the law that apply positively. While the nature of this study is descriptive-analytical with strong exploratory and normative elements. The result of this study is that take over is more profitable than other agreements. This is because the down payment can be returned, provided that it makes an agreement with a known person and in resolving disputes over credit motorcycle sale and purchase agreements that are still bound by leasing without harming the parties, several solutions can be implemented. Such as, negotiation, mediation, and legal channels.

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