Apek Perlindungan Hukum Konsumen Perjanjian Pembiayaan Kendaraan Bermotor dengan Jaminan Fidusia (Studi di PT. Capella Multidana Medan)

Abstract

Motor vehicles as one of the transport means of becoming very important in supporting all the everyday activity. The financial limitations always became the obstacle someone to have these motor vehicles because of the height of the price of the vehicle that must be paid. This situation could be dealt with through the funding agreement of the consumer with fiducia. The funding agreement of the consumer on motor vehicles with fiducia provide as a basis by Keppres the number 6 1 in 1988 about the Funding Agency that afterwards was followed up by Finance Minister's Decision the number 1251/KMK.013/ 1988 about the provisions and the Conduct of the Implementation of the Funding Agency. The funding agreement of the consumer also was the realisation from the freedom principle rented as being arranged in the Article 1338 articles (1) KUH-Perdata that said that an agreement that was made legitimately current as regulations for the side that made him, meaning that anyone free in determining the form and the contents of the agreement while filling the condition for the legality of the good agreement the subjective condition and the condition for the objective in accordance with the Article 1320 of KUH-Perdata, did not violate morality and public order. The agreement was it was considered legal and binding fully for the sides that made him how far being not compatible with principles of the current law. The juridical consequences of the funding agreement of this consumer, after the contract was signed and the cost was diluted as well as the thing hand over by supplier to the consumer, then the relevant thing at once became property of the consumer but this thing was made the guarantee in a fiducia manner. The consumer's side might not give his guarantee of the property object to the funding company to be able to enter into the funding agreement of motor vehicles but be enough the funding company believed on good will from the consumer to return the fund that was given by the funding compan for the purchase of these motor vehicles, with the note of the motor vehicles of the owne;??bip letter or was known by the name of the Buku Pemilikan Kendaraan Bermotm (BPKB) was kept by the funding company, after the return of the keel fund was paid by the consumer to the funding company, Then BPKB was returned to the consumer so a the consumer became the owner fully on these motor vehicles this that rdistingu:is:bed the funding agreement of the consumer with leasing, in the funding agreement of the consumer, since the beginning the agreement had been carried out by the consumer it was considered as the owner of the thing although ownership proof was on this thing made the guarantee whereas in leasing, the consumer as tlhe leasee of the thing and at the end the rented period the consumer was given by the option right or the right to vote that is continuing to become the leasee of the thing up to the period end leasing or ended the period leasing by buying the thing that was made the object leasing this. The research that allocated to PT. Capella Multidana Medan was found by a material reality of the number of customers who now has relations with the company was numbering 754 people who consisted of the personal person and the legal body. From this number approximately 25 customers were classed had problems because of not carrying out his achievement was temporary the thing took the form of motor vehicles was in their authority. Be based on from the background above, caused a formulation of the problem that is: a) how the aspect of the protection of the consumer's law in the funding agreement of motor vehicles with the guarantee fiducia in PT. Capella Multidana Medan ? b) How carried out the funding agreement of motor vehicles with the guarantee fiducia in PT. Capella Multidana Medan reflected carried out consumer protection, the application of the contract law as well as the principle of the guarantee? With this research that was descriptive the analysis and the approach legally normative so as to give the conclusion that: a) the Use of the standard contract in the activity of motor vehicles of the business of the funding agreement with the guarantee fiducia was made to make the service efficient by creditur as well as the rights creditur. So as therefore the use of the standard contract in in a funding agreement of motor vehicles with the guarantee fiducia did not yet fill the principle konsensualitas; b) Really the law of motor vehicles of the funding agreement with the guarantee fiducia was the agreement around the sides was based on the "freedom" principle "rented" that was based on the provisions of the Article 1338 articles (1) KUHPerdata that said that An agreement that was made legitimately current as regulations for that made him, c) Resulting from the negligence law from the consumer in the matter of the implementation of the funding agreement of motor vehicles with the guarantee fiducia then could be said by the debtor did wanprestasi, so as the side creditur could pulJ bis capital goods from the authority of the debtor as well as prosecuted the debtor to do money payment for rent that sti11 was stalling, the back"?? ard fine was increased his flower. d) Casting of motor vehicles of the funding agreement with the guarantee fiducia in the decisive matter of the rights and tbe obljjgatjon of the sides basically was made in writing, where the concept of the agreement was known with the standard contract term. According to KUH Perdata this standard contract was compatible with the freedom principle rent·ed that as followed in KUH Perdata, because that was arranged in the standard contract with the clause e:ksunerasi this was the interests of the businessman not the second interests tbe side .. \\ ereas according to Number regulations 8 in I 999 about Consumer Protection then the inclusion of the clause eksonerasi in the standard contract to be can.celled for t!be sake of the law not against his standard contract but as a result of the existence of the clause eksonerasi this. In this case preferably the agreement re.?latiorn between creditur and the debtor clearly included resulting from-resulting from from the occurrence wanprestasi so as the action was able all of a sudden to be able to be carried out if happening wanprestasi. Hoped for to the government side in order to take part in playing an active role in an effort to funding of the consumer, because in an effort to funding of this consumer who was more dominant played a role in being private enterprise's side, in the meantime the government side did not yet participate. To the sides in the funding agreement of this consumer agreement casting that was appointed in a standard manner to be able to contain agreements that also gave the protection of the law for the consumer.