Tinjauan Yuridis Penyelesaian Wanprestasi Dalam Perjanjian Pembiayaan Konsumen dengan Jaminan Fidusia (Studi Putusan No:7/Pdt.G.S/2017/PN.MDN)

Abstract

Consumer Financing Agreement is an obligation to fulfill an agreement, where an agreement can be born from an agreement or consumer financing law is also an agreement, then it can be concluded that consumer financing is a legal method for securing repayment of money loans or credit in give it. In the implementation of the agreement, there can be a default if one of the parties does not carry out the obligations or achievements that have been agreed together in the agreement. The problem in this study is how the forms of default, how the legal efforts against consumers who do not carry out the agreement, how the execution in the decision No:7/Pdt.G.S/2017/PN.MDN. The results of this discussion are regarding the juridical review of the settlement of defaults in the consumer financing agreement with a guarantee of decision No: 7 / Pdt.GS / 2017 / PN.MDN. These are forms of default that occur in decision No: 7 / Pdt.GS / 2017 / PN.MDN. That the form of default that occurred was not performing its obligations. Legal remedies made against debtors who do not carry out agreements through litigation by executing fiduciary guarantees provided for in article 15 paragraph (2) of Law no. 42 of 1999 concerning Fiduciary Guarantees. The effort began with a notification to make a payment, a warning to make a payment and a litigation path to execute. The execution is carried out by direct execution with the executorial title by requesting the determination of the chairman of the court to execute the Fiduciary Guarantee that has been issued in the fiduciary guarantee certificate, namely 1 (one) unit of the car which legally states that the car is still owned by the plaintiff. The research method in this paper is a normative method that collects library data, namely legislation, law books, judges' decisions, the mass media of scientific journals that deal with problems.