Perlindungan Hukum terhadap Kreditur dalam Pelaksanaan Eksekusi Objek Jaminan Fidusia Akibat Perbuatan Wanprestasi oleh Debitur dalam Pembiayaan Investasi (Studi Putusan Nomor 299/Pdt.G/2023/Pn Bpp)

Abstract

A debtor is a party that surrenders ownership of an object to a creditor as security for its debt, but still has the right to use or control the object as long as the debt has not been paid off. In carrying out their duties as debtors, it is possible that debtors can commit acts that cause losses to creditors and other parties. One of the cases that resulted in losses for the creditor was the case of PT Arthaasia Finance as a creditor, which showed that there were difficulties in executing the object of fiduciary guarantee from the debtor. This research is conducted with the aim to find out how the legal protection to the creditor in the execution of fiduciary security object due to default by the debtor in investment financing agreement and how the clear legal arrangement to the execution of fiduciary security object due to default in Investment financing Agreement applied in the case of PT. Arthaasia Finance in the study of Balikpapan District Court Decision number 299/Pdt.G/2023/PN Bpp. The typology of research in writing this thesis uses normative juridical legal research methods using a statutory approach and case approach and examining and analyzing legal provisions in related cases and other library materials related to the objectivity of the research. The data collection technique used is library research. The conclusion of this research is that the legal arrangements for the execution of fiduciary security objects due to default in Investment financing Agreements with Fiduciary Guarantees have been regulated in Law Number 42 of 1999 concerning Fiduciary Guarantees and specifically related to the execution of fiduciary security objects clarified in the Constitutional Court Decision Number 18/PUU-XVII/2019 Juncto Constitutional Court Decision Number 02/PUU-XIX/2021. The legal protection of creditors in the execution of fiduciary security objects due to default in Investment financing agreements with fiduciary guarantees lies in the perfection of the agreement documents and compliance with the principle of good faith in the execution and court decisions if the debtor refuses to submit the fiduciary security object voluntarily. In the case experienced by PT Arthaasia Finance as a creditor, the debtor is proven to have committed a breach of promise (default) that is detrimental to the creditor so that for his actions, the debtor is obliged to voluntarily surrender the object that is the object of collateral to the creditor. In its settlement, the agreement clause and documents in the establishment of a fiduciary guarantee agreement are important instruments in ensuring justice for the creditor.