Mayangsari, Endah (2023) Kepastian Hukum Pelaksanaan Eksekusi Jaminan Fidusia Oleh Perusahaan Pembiayaan Pasca Putusan Mahkamah Konstitusi Nomor 18/puu-xvii/2019 Di Pekanbaru. Masters thesis, Universitas Islam Riau.

Text 201021008.pdf - Submitted Version Restricted to Registered users only Download (3MB) | Request a copy

Abstract

In 2019 the Constitutional Court issued decision number 18/PUU-XVII/2019 amendments to Article 15 paragraph (2) of Law Number 42 of 1999 concerning Fiduciary Guarantees. In fact, many phenomena have occurred after the issuance of the Constitutional Court's decision, especially for leasing companies in Pekanbaru City, namely PT Federal International Finance Pekanbaru (PT FIF Pekanbaru), Mandiri Utama Finance Pekanbaru (MUF Pekanbaru) and PT Maybank Finance Tbk Pekanbaru, where the debtor can postpone the time to submit the fiduciary guarantee object voluntarily, meaning that the debtor can use the fiduciary guarantee object longer when the company submits a request for execution to the Pekanbaru District Court. The time period for submitting an execution request and the process can take quite a long time so that the level of losses experienced by the company increases. From the financing process to the auction, it takes months to a fairly high cost adjusted to the radius of the distance between the parties, which in this case is very detrimental to the creditor as a financing company to run its business. Finance companies in the field find it difficult to get their rights when collecting obligations that must be fulfilled by debtors. This happens because when carrying out the execution of fiduciary collateral, naughty debtors will avoid it by taking refuge behind the Constitutional Court Decision Number 18/PUU-XVII/2019. Based on the description of the problem formulation above, the formulation of the problem in the author's research is 1.) How are the arrangements for the execution of fiduciary guarantees by finance companies? 2.) How is the legal certainty of the execution of fiduciary guarantees by finance companies after the decision of the Constitutional Court Number 18/PUU-XVII/2019 in Pekanbaru?. This type of research belongs to a type of sociological or empirical legal research, namely a legal research method that uses empirical facts taken from human behavior, both verbal behavior obtained from interviews and real behavior carried out through direct observation. With the results of the study, namely the author does not agree with the phenomenon that occurs in the current event, because in the leasing financing structure the object of the object which is used as a legal guarantee for leasing is still owned by the creditor, so that the creditor has the right to withdraw the guarantee at any time if the debtor is proven to have neglected his obligations or default in the presence of arrears in principal installments of financing, generally 3 (three) months. In line with the characteristics of the lease-purchase system, the concept of leasing financing can be analogized.

Actions (login required)

View Item