Pelanggaran Prosedur Eksekusi Objek Jaminan Fidusia Melalui Penarikan Paksa Oleh Leasing dan Debt Collector (Studi Putusan Nomor 36/Pdt.G.S/2023/Pn Pdg)

Abstract

In leasing, collateral is generally required to be registered and serves as a binding agreement between the creditor and the debtor. This registration ensures legal certainty for the parties involved. Fiduciary collateral can be enforced in the event of default by one of the parties, as was the case with PT. Maybank Indonesia Finance (PT. Maybank Indonesia Finance Padang Branch). However, the execution of the fiduciary collateral must comply with applicable regulations. The purpose of this study is to determine the mechanism for executing fiduciary collateral, violations committed by leasing companies and debt collectors regarding the procedure for executing fiduciary collateral through forced withdrawal, and to analyze the legal protections for debtors in the event of forced withdrawal by leasing companies and debt collectors. The research method used in this study is normative juridical, conducted by examining secondary data consisting of primary, secondary, and tertiary legal materials. Data collection was conducted through literature review. Data analysis employed qualitative data analysis. The results indicate that forced withdrawal by creditors violates applicable provisions because it was carried out without regard to valid legal procedures, which require the consent of both parties to execute fiduciary collateral. Unilateral execution is unlawful as stipulated in Article 1365 of the Civil Code. This act fulfills the elements of an unlawful act, as the creditor acted unilaterally to withdraw the collateral and intentionally caused harm to the debtor.