Pelindungan Hukum terhadap Pihak Ketiga dalam Lelang Eksekusi Jaminan Fidusia Menurut Hukum Perdata (Studi Putusan Nomor : 10/Pdt.G/2020/Pn.Gns)

Abstract

Currently, in the implementation of the business of consumer financing institutions with the object of motor vehicle collateral, what has occurred so far shows that there are vigilante actions carried out by financial institution companies as creditors by forcibly taking fiduciary guarantees in the middle of the road when the debtor does not fulfill his obligation to pay installments or this occurs. default. This action does not reflect an example of good and correct legal behavior in carrying out collateral execution so it can damage the sense of justice and legal certainty of the fiduciary debtor. This research was conducted using a normative juridical method that uses a legal principles and legal systematics approach. Data sources were obtained from secondary data in the form of primary and secondary legal materials. Data collection methods were carried out using literature studies and interview guides and analyzed using descriptive techniques. The existence of the Constitutional Court decision no. 18/PUU-XVII/2019, which in essence, the execution of fiduciary collateral objects must be accompanied by a court decision, that the execution of fiduciary collateral objects carried out by third parties/Debt Collectors is an illegal act. The legal remedy for third parties in carrying out the execution of collateral objects is to file a lawsuit in court to cancel the execution of collateral objects. For third parties as recipients of pawned goods, regardless of whether the third party knows or does not know that the goods have been used as fiduciary collateral, the third party is not protected by law. This is because in principle the provisions regarding the prohibition of pawning fiduciary collateral have been regulated in law.