Analisis Yuridis Terhadap Pelaksanaan Anjak Piutang (Factoring) oleh Perusahaan Pembiayaan dalam Hal Pihak Ketiga Wanprestasi (Studi Putusan Mahkamah Agung Nomor 385 K/Pdt/2018)

Abstract

Factoring in financing is closely related to loan which involves its buying for the client's loan. This facioring agreement ssed to be made anong PT. IFS Capital Indonesia as a factoring financing company (the First Party), PT Sumberindo Mitra Utawia as the seiler of debter's lean (the second Party), PT Multi Haripan Utama as the debitor of PT Sumberindo Mitra Utawia (the Third Party), and Susanto Lim. The research problems are as follows: how about the mechanism of factoring is-in accordance with the Prsidential decree No. 9/2009 and the regulation of OIK (Financial Service Authority), how about the legal resolution if there is a disputs among them, how about the legal protection for them according to the Verdict No. 385 K/ld/2018.

The research used juridical normative and juridical empirical approaches which wert referred to legal norms. Secondary data were gathered from primary, secondary, and tertiary legal materials related to the descriptive subject matter. This research dealt with regulations and legal materials while the it was done at PT. Cakrawala Citramega Matifinance, and the dasta were analyzed by using qualitative method from the Supreme Court Riding No. 385 K/P2/2018

The result of the research shows that the mechanism of factoring is in accordance with the Prsidential decree No. 9-2009 and the regulation of OIK, and the practice of factoring is still not adequately efficient. Resolution on the disute in factoring is done by litigation and by non-litigation. Legal protection for the parties in the Raling No. 385 K/2018 is given tis the form of preventive law, the right to do hilling