ResearchBib Share Your Research, Maximize Your Social Impacts
Sign for Notice Everyday Sign up >> Login

Legal Consequences Due to the Execution of the Pandemic On Default Debtors by Financing Institutions on Motor Vehicle Loan Fiduciary Objects at Pegadaian Semarang

Journal: International Journal of Arts and Social Science (Vol.5, No. 7)

Publication Date:

Authors : ;

Page : 12-85

Keywords : Legal consequences of Default Debtor; Fiduciary; Pawnshop Financing Credit.;

Source : Downloadexternal Find it from : Google Scholarexternal

Abstract

Credit at the Pegadaian financing institution as one of the fiduciary guarantee institutions is formed on the basis of the community's need for debts (credit) with collateral without releasing the goods that are used as collateral, because the goods/objects are still used for business. Credit agreements with fiduciary guarantees sometimes arise, one of which is what if the debtor defaults. The formulation of the problem in this research is how is the fiduciary guarantee of motorized vehicle loans at the Semarang pawnshop, and what are the legal consequences of default debtors on motorized vehicle loan fiduciary guarantees and how to execute during the Pandemic period on Default Debtors by the Semarang Pegadaian Institute on the object of fiduciary guarantees for motor vehicle loans? This study uses an empirical juridical approach with research specifications that are descriptive-analytical, sampling is done by purposive sampling, the data used includes primary data consisting of field studies, and secondary data includes literature studies including the internet, which are then analyzed qualitatively. The results showed the legal consequences of the execution of the pandemic period on Debtors of Achievement by a Financing Institution on the Object of the Fiduciary Guarantee for Motorized Vehicle Loans at PT. Pegadaian Pedurungan Branch of Semarang City, as a result of the law, the financing institution/Pawnshop or leasing has the right to execute the object of a fiduciary guarantee, which is made notarial. Meanwhile, the execution method of the Semarang Pawnshops on the object of fiduciary guarantees for motor vehicle loans, there are several obstacles faced by PT. Pegadaian Persero Pedurungan Branch Semarang City, namely obstacles at the time of execution, among others, collateral goods were lent or had been transferred to someone else and were out of town, collateral was damaged, and sales through execution could not cover the debt. Execution of Fiduciary Guarantees according to Law no. 42 of 1999 at PT. Pegadaian Persero Pedurungan Branch, Semarang City, if customers are injured in their promises and achievements, a lot of things happen because during the pandemic, PT. Pegadaian as a creditor has the right to make withdrawals with the withdrawal procedures that have been determined, namely: 1) persuasive efforts, 2) subpoenas and 3) execution of fiduciary guarantees. As a recommendation from the results of this study, the government needs to seek to improve supervision of the implementation of fiduciary guarantees at financing or leasing institutions in accordance with applicable laws and regulations.

Last modified: 2023-02-07 16:01:34