Akibat Hukum Perubahan Nama Perusahaan Pembiayaan Multiguna sebagai Penerima Fidusia terhadap Hak dan Kewajiban Para Pihak (Studi Putusan MA Nomor 770 K/Pdt.Sus-BPSK/2024)

Abstract

Legal Protection for Debtors Against Creditor Violations in Failing to Update Agreements and Acting in Good Faith in Notifying Company Name Changes, and Its Impact on Debtor Rights and Obligations. The issues discussed in this thesis are: the validity of multi-purpose financing agreements and fiduciary security certificates as a consequence of the name change of the multi-purpose financing company as the fiduciary recipient; legal consequences arising from the multi- purpose financing company's name change on the rights and obligations of the parties in the multi-purpose financing agreement and fiduciary certificate; and the analysis of judicial considerations and decisions regarding the impact of the financing company's name change on the rights and obligations of the parties in the multi-purpose financing agreement based on Supreme Court Decision Number 770 K/Pdt.Sus-BPSK/2024. The research method used in this thesis writing process is normative juridical research with a descriptive nature. The approaches employed are statutory and case study approaches. The type of data used is secondary data consisting of primary, secondary, and tertiary legal materials. Data collection techniques involve literature study, with data collection tools using document analysis. Data analysis is qualitative, and conclusions are drawn using deductive methods. The results of the analysis of Supreme Court Decision No. 770 K/Pdt.Sus- BPSK/2024 indicate that the panel of judges should have considered Dodo's reason for refusing to pay installments, as he only acknowledged a legal relationship with PT. Trihamas Finance, not PT. Tirta Rindang Unggul Ekatama Finance (formerly PT. Trihamas Finance). This confusion arose because the financing agreement and fiduciary certificate were created in July 2022, prior to the company's name change in August 2022. The panel of judges needs to examine the validity of the agreement and fiduciary certificate based on the Indonesian Civil Code (KUHPerdata), the Fiduciary Security Law (UUJF), and related regulations, as identity changes without document updates create legal uncertainty. Creditors must comply with statutory rights and obligations, including updating financing agreements and fiduciary certificates as the basis of legal relationships, and act in good faith when notifying debtors. Without document updates following the company name change, Dodo's legal relationship with PT. Tirta Rindang Unggul Ekatama Finance becomes invalid and cannot serve as a legal basis.