Perlindungan Hak Debitur melalui Perjanjian Fidusia sebagai Upaya Pencegahan Kesewenang-Wenangan oleh Kreditur (Studi Putusan No.36/Pdt.G/2023/Pn.Pdg)

Abstract

This research examines the protection of debtor rights through fiduciary agreements as a preventive measure against creditor arbitrariness based on the case study in Decision Number 36/PDT.G/2023/PN.PDG, which is the main issue in this thesis. By linking Law Number 42 of 1999 on Fiduciary Guarantees as the foundation of this research discussion, the regulation of fiduciary guarantees in Indonesia is based on this law. This regulation provides legal certainty for small entrepreneurs in facing global economic challenges. Fiduciary guarantees serve as ancillary agreements that create obligations for the parties to fulfill certain performances. Thus, with the enactment of this law, an agreement gains legal strength if disputes arise within it. The research employs a methodology that includes an analysis of the types and characteristics of legal research and the approaches used in legal studies. The approaches applied include legislative approach, legal systematics, and legal synchronization. The data sources consist of primary legal materials, such as laws and official documents, as well as secondary legal materials that support the analysis, including books, journals, theses, and other scholarly works. Data analysis utilizes qualitative methods, allowing researchers to gain a deeper understanding of legal phenomena. The findings of this study indicate that the Fiduciary Guarantee Law and several other regulations are fully realized in protecting debtors against creditor arbitrariness in agreements involving the seizure of collateral items such as a car that does not comply with relevant legal provisions. The judge's considerations in Decision Number 36/PDT.G/2023/PN.PDG demonstrate that enforcing the law against creditors who do not carry out seizures according to legal provisions is crucial for protecting debtor rights and preventing arbitrary practices by creditors towards debtors.