Tanggung Jawab Perusahaan Pembiayaan Terhadap Hilangnya Objek Perjanjian (Studi Putusan No.88/Pdt.G/2015/PN.Mdn)

Abstract

The business sector of finance companies that are most in demand by the public is consumer finance, this is because the financing model is carried out in the form of providing financial assistance to buy certain products, where later the funds will be returned in installments. Consumer financing was born because of an agreement between two parties, namely, a finance company and a consumer guiding the principle of freedom of contract which is regulated in Article 1338 of the Civil Code. This principle means that everyone is free to make an agreement with anyone, whatever its contents, whatever its form as long as it does not violate Article 1320 of the Civil Code. In providing financial assistance, risk is certainly an important consideration in consumer financing activities. The problem raised in this study is regarding the responsibility of the finance company for the loss of the object of the agreement and the legal consequences of the consumer agreement where the object of the agreement is lost. This research method uses the type of normative juridical research that is research that includes the principles of law, legal history, and legal comparison. This research is a descriptive analysis, which is fact finding with clear interpretation. Data was collected through library techniques using written sources such as legal journals, theoretical books from scholars, the Law on Fiduciary Guarantees, the Law on finance companies and the Law on consumer protection. The results of the study explain that with the insurance agreement between the finance company and the debtor, if the vehicle is lost and the conditions for making a claim for compensation are in accordance with the rules of the insurance company, then the responsibility of the finance company after receiving the premiums from the insurer must reduce it by the debtor's remaining debt. the excess from the premium will be returned to the debtor or made as a down payment to replace the lost vehicle, due to the law the debtor is obliged to pay to the finance company if the insurance claim is not approved by the insurance company because it is not in accordance with the conditions for filing a claim for compensation that has been agreed together. Before signing an agreement it is better for the debtor to read carefully and understand the contents of the agreement, so as not to cause harm to the debtor in the future.