Penyelesaian Sengketa Wanprestasi Akibat Peminjaman BPKB Sebagai Jaminan Perjanjian Kredit (Studi Putusan Nomor 33/Pdt.G/2024/PN MRS)

Abstract

This study examines the dispute resolution mechanism for breach of contract (wanprestasi) in credit agreements that employ the Vehicle Ownership Book (Bukti Pemilikan Kendaraan Bermotor or BPKB) as a fiduciary security, using the District Court of Maros Decision Number 33/Pdt.G/2024/PN Mrs as a case study. The court’s decision affirmed that upon the full repayment of the remaining obligations by the owner of the collateral, the financing institution is legally required to return the BPKB unconditionally, even if the debtor is unable to be present. The purpose of this research is to identify the forms of breach of contract and the mechanisms for resolving disputes in financing agreements involving BPKB as fiduciary collateral, as well as to analyze the legal reasoning and implications of Decision Number 33/Pdt.G/2024/PN Mrs. This research employs a normative juridical method with several approaches: the statutory approach, the conceptual approach, and the case approach. Data were obtained from the court decision, relevant legal literature, and statutory regulations. The data were then analyzed qualitatively, and conclusions were drawn through deductive reasoning. The research focuses on the juridical analysis of breach of contract dispute resolution in motor vehicle financing agreements that use BPKB as fiduciary security. The study concludes that breach of contract in financing agreements involving BPKB includes delays, negligence in payment, and violations of security clauses. The resolution process is carried out in stages, starting from a warning notice (somasi), followed by a civil lawsuit, and ending with the fiduciary execution process as regulated in Article 15 paragraph (2) of Law No. 42 of 1999 on Fiduciary Security and the Constitutional Court Decision No. 18/PUU-XVII/2019. In Decision Number 33/Pdt.G/2024/PN Mrs, the panel of judges determined that the creditor was in breach of contract for retaining the BPKB even though the debt had been fully repaid. The court ordered the return of the BPKB to its rightful owner, emphasizing the importance of the principles of legal certainty, good faith, and the obligation of financing institutions to release collateral once the debtor’s obligations have been fulfilled.