Akibat Hukum Wanprestasi Debitur dalam Perjanjian Pembelian Mobil melalui Lembaga Pembiayaan Konsumen (Studi Putusan No 7/PDT.G.S/2021/PN Tsm)

Abstract

Consumer financing agreements have become the main solution for the public to acquire motor vehicles without paying in cash. However, in practice, these agreements often face the risk of default, which refers to the debtor's failure to fulfill their obligations as stipulated in the agreement. Such defaults may cause losses to the creditor and lead to legal consequences for the debtor. This study aims to analyze the criteria for default in vehicle purchase agreements through consumer financing institutions, the legal consequences arising from a debtor's default, and the legal considerations of the panel of judges in resolving default disputes based on Decision No. 7/Pdt.G.S/2021/PN Tsm.

This research employs a normative juridical method with a statutory and case approach. Data were obtained through library research, including primary, secondary, and tertiary legal materials. The analysis was conducted descriptively and qualitatively using a deductive approach to understand the application of the law in default cases.

The results show that defaults in vehicle financing agreements may occur due to delays or the inability of debtors to pay installments. The legal consequences include an obligation to pay compensation under Article 1243 of the Indonesian Civil Code and the potential execution of fiduciary collateral as regulated in Law No. 42 of 1999 concerning Fiduciary Security. In Decision No. 7/Pdt.G.S/2021/PN Tsm, the judge partially granted the plaintiff's claim by ordering the debtor to pay compensation but rejected the execution of the collateral object due to the absence of prior seizure. This ruling indicates that although the law provides protection for creditors, the execution of collateral must still comply with established procedures.