LEGAL PROTECTION FOR DEBTORS FOR THE EXECUTION OF FIDUCIARY GUARANTEE OBJECTS (Case Study at Pt. Summit Oto Finance Denpasar Branch)
I Putu Baladeva Vidyasagara, I Nyoman Putu Budiartha, Putu Ayu Sriasih Wesna

Warmadewa University

Abstract

The tendency of today^s society to buy an item with payment in installments several times so that the best way is through consumer finance institutions where sales and purchase agreements are made in installments or periodically. The formulation of the problem in this study is how the execution of the object of fiduciary guarantees carried out by the consumer finance company PT. Summit Oto Finance Denpasar Branch as a creditor and how is the legal protection for debtors for the execution of fiduciary guarantee objects at the consumer finance company PT. Summit Oto Finance Denpasar Branch. The research method used in this study is an empirical juridical research method, with a descriptive analytical approach, the data sources used are primary data and secondary data. The results of this study are the execution of the object of fiduciary guarantees carried out by consumer finance companies as creditors. the creditor executes by giving a power of attorney to a 3rd party (collector) to withdraw the object of collateral by agreement between the debtor and creditor. Legal protection for debtors for the execution of fiduciary guarantee objects in consumer finance companies, namely, consumers who experience forced withdrawals on the highway. The government through the decision of the Constitutional Court has issued a new regulatory breakthrough that prohibits financing companies from forcibly withdrawing motorized vehicles on the highway or unilaterally unless there is a court decision and there is a mechanism that must be passed, the sale of fiduciary guarantee objects is carried out through a process public auction and the debtor has the right to make the transfer by selling independently, the debtor has the right to apply for compensation.

Keywords: Legal protection, Fiduciary Guarantee Execution and Financing Company.

Topic: Law on Licences and Labor