Perlindungan Hukum terhadap Perusahaan Pembiayaan melalui Penarikan Objek Jaminan Fidusia dalam Perjanjian Pembiayaan Multiguna (Studi Putusan Mahkamah Agung NO 55 K/PDT.SUS-BPSK/2020 dan Putusan Mahkamah Agung NO 577 K/PDT.SUS-BPSK/2020)

Abstract

A finance company is a form of business in the non-bank financial sector which is carried out in the form of providing funds or capital goods and in conducting financing requires the existence of a guarantee, namely the motorized vehicle itself as collateral. Finance companies as creditors require a guarantee from the debtor. The formulation of the problem in this study is how to withdraw fiduciary guarantee objects in multipurpose financing agreements for motorized vehicles at finance companies, how is the legal protection for finance companies in consumer financing business activities in multipurpose financing agreements for motorized vehicles, how to analyze the legal considerations of judges in Supreme Court Decision No. 55 K/Pdt.Sus-BPSK/2020 and Supreme Court Decision No. 577 K/Pdt.Sus-BPSK/2020 regarding the withdrawal of fiduciary collateral objects in a motor vehicle multipurpose financing agreement. The method used in this thesis research is descriptive normative legal research. The approach method used is the case approach. The data sources used consist of secondary data and are supported by primary legal materials, secondary legal materials and tertiary legal materials. Writing research through regulations and legal materials related to this research. The results of the study explain that the withdrawal of fiduciary guarantee objects in multipurpose financing agreements for motorized vehicles at finance companies can be carried out parate executie to objects of fiduciary guarantees. Legal protection for finance companies in consumer financing business activities in multipurpose financing agreements for motorized vehicles is carried out preventively or repressively. Analysis of the legal considerations of judges in the Supreme Court Decision No. 55 K/Pdt.Sus-Bpsk/2020, Supreme Court Decision No. 577 K/Pdt.Sus-Bpsk/2020 regarding the withdrawal of fiduciary collateral objects in multipurpose financing agreements for motorized vehicles is to provide protection limits for Financing Companies as creditors. The binding power of dispute resolution through BPSK decisions is an agreement between consumers and business actors, in other words if one party disagrees, dispute resolution through BPSK cannot be carried out. This is evidenced by the existence of several decisions of the Supreme Court which affirm how the limits of BPSK's authority in handling a Civil dispute regarding Default are due to Civil disputes relating to Default not included in the scope of BPSK's duties and authority to resolve them.