Kedudukan Peralihan Hak Atas Objek Jaminan Fidusia Tanpa Persetujuan Lessor (Studi Putusan Nomor 25/Pid.B/2024/PN Ktg)

Abstract

In practice, the transfer of the subject matter of a contract to a third party is often conducted via a private agreement, where the lessee may arrange for the credit installment payments to be borne either by the debtor until the end of the credit term or by a third party. This study examines the legal position of the transfer of fiduciary collateral objects conducted without the lessor's approval, the legal protection available to the lessor in such cases, and the lessee's liability in transferring fiduciary collateral objects without the lessor's consent, as exemplified in Case No. 25/Pid. B/2024/PN Ktg. This normative juridical study employs a qualitative approach to data collection through literature review, yielding descriptive-analytical results. According to the Fiduciary Law, the transfer of rights to a fiduciary object must be approved by the lessor. The leasing object's ownership remains with the lessor and cannot be transferred to a third party during the contract period. If a unilateral transfer occurs by the lessee to a third party, it constitutes a breach of the leasing agreement. Legal protection for the lessor against such unauthorized transfers is provided under Indonesian regulations, including the Fiduciary Law. Lessees who transfer fiduciary collateral objects without the lessor's approval may be held liable under civil and criminal law. The court's considerations in Case No. 25/Pid.B/2024/PN Kig were deemed appropriate by the researcher, as the defendant's actions were proven to meet the criminal elements outlined in Article 36 of the Fiduciary Law, which penalizes the unauthorized transfer of fiduciary collateral objects without prior written consent from the creditor.