Use of Debt Collector Services by Banking Parties Based on the Fiduciary Guarantee Law

Authors

  • Jovindi Fernando Kusniawan Universitas Tarumanagara, Indonesia

DOI:

https://doi.org/10.57235/aurelia.v3i1.1618

Keywords:

Fiduciary, Debt Collector, Guarantee

Abstract

This research aims to analyze the role and impact of the use of debt collectors in the context of collecting collections by banking institutions that take credit based on fiduciary guarantees. This research is also to teach debt collector practices with applicable legal provisions and the impact on the rights and obligations of the parties involved. There are many cases of motor vehicle withdrawals that have credit problems but do not follow existing laws. In distributing funds by providing credit to the public using fiduciary guarantees, Law no. 42 of 1999 requires transaction registration at the Fiduciary Registration Office. This process produces a fiduciary guarantee certificate which has executorial power equivalent to a judge's decision which has permanent legal force. However, in reality, there is a phenomenon where the fiduciary recipient takes the collateral if the fiduciary does not fulfill his obligations. In executing fiduciary guarantees, it is still common to use the services of debt collectors.

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References

Erniwati. 2023. “Fidusia, Perlindungan Bagi Finance ataukah Konsumen?”

Kurniawan, A. 2021. “Penarikan Paksa Kendaraan Bermotor oleh Debt Collector, Bagaimana Aturannya?”

Supriyanto, I. 2022. “Penggunaan debt collector dalam eksekusi objek jaminan fidusia dan eksekusi jaminan fidusia tidak terdaftar ditinjau dari Undang-Undang nomor 42 tahun 1992 tentang jaminan fidusia” Jurnal Ilmiah Hukum Vol.1 No.1 Mei 2022

Wuwungan, F. 2023. “Perlindungan Hukum Bagi Debitur Atas Penarikan Paksa Objek Jaminan Fidusia” Lex Administratum Vol.XI/No.3/Mei/2023

Yasir, M. 2016. “Aspek Hukum Jaminan Fidusia” SALAM : Jurnal Sosial & Budaya Vol. 3 No.1 2016 75-91

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Published

2024-01-01

Issue

Vol. 3 No. 1 (2024): January 2024

Section

Articles

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