Penyelesaian Take Over Pada Perjanjian Kredit Kendaraan Bermotor Dengan Jaminan Fidusia Berdasarkan Undang-undang Nomor 42 Tahun 1999 Tentang Jaminan Fidusia (Studi Di PT. Toyota Astra Financial Service Pekanbaru)
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Institusion
Universitas Islam Riau
Author
Simanullang, Meon Parasian
Subject
K Law (General)
Datestamp
2022-05-31 09:34:49
Abstract :
Implementation of the four-wheeled motor vehicle (car) consumer financing agreement between the consumer and PT. TAF has encountered an obstacle or legal problem that accompanies the arrears in installment payments and the transfer of the car unit to a third party by the consumer without the written consent of PT. TAFF. This is certainly contrary to article 23 paragraph 2 of Law Number 42 of 1999 concerning Fiduciary Guarantees which states that the Fiduciary Giver is prohibited from transferring, mortgaging, or renting out objects that are objects of fiduciary security without written consent from the fiduciary recipient. Regarding the problem in the research, the formulation of the problem, among others, is first, how to settle Take Over on a motor vehicle loan agreement with fiduciary guarantees at PT. Toyota Astra Financial Services Pekanbaru. Second, what are the legal consequences in settling Take Over on a motor vehicle loan agreement with a fiduciary guarantee at PT. Toyota Astra Financial Services Pekanbaru. The main problems in this study consist of first, how is the settlement of Take Over on a motor vehicle loan agreement with fiduciary guarantees at PT. Toyota Astra Financial Service Pekanbaru, Second, What are the legal consequences in the settlement of Take Over on a motor vehicle loan agreement with a fiduciary guarantee at PT. Toyota Astra Financial Service Pekanbaru. This research is observational research by means of survey research, while its nature is descriptive, that is, where this research provides an overview of a complete, detailed and clear statement. Against the results of the research that the authors found was the Take Over Settlement in Motor Vehicle Credit Agreements with Fiduciary Guarantees at PT. Toyota Astra Financial Service Pekanbaru is that in principle every problem caused by consumers is resolved amicably or through deliberation and if it cannot be resolved because the unit of motor vehicle loan financing is no longer found, the solution is submitted to the court or the authorities. But in essence this settlement does not provide benefits for the TAF because it continues to suffer losses from the act of diverting the motorized vehicle, even though the consumer is sentenced to 2 years imprisonment and a fine of Rp. 50,000,000, but this penalty is not commensurate with the losses suffered from the act of diversion, and the Legal Consequences in Settling Take Over on Motor Vehicle Agreements With Fiduciary Guarantees at PT. Toyota Astra Financial Service Pekanbaru is to be held accountable for their actions before the law if the vehicle unit concerned is unknown or lost, then legally it will be subject to reimbursement of costs and can be put on the debtor's black list and criminally prosecuted in cases of embezzlement of fiduciary objects.
Implementation of the four-wheeled motor vehicle (car) consumer financing agreement between the consumer and PT. TAF has encountered an obstacle or legal problem that accompanies the arrears in installment payments and the transfer of the car unit to a third party by the consumer without the written consent of PT. TAFF. This is certainly contrary to article 23 paragraph 2 of Law Number 42 of 1999 concerning Fiduciary Guarantees which states that the Fiduciary Giver is prohibited from transferring, mortgaging, or renting out objects that are objects of fiduciary security without written consent from the fiduciary recipient. Regarding the problem in the research, the formulation of the problem, among others, is first, how to settle Take Over on a motor vehicle loan agreement with fiduciary guarantees at PT. Toyota Astra Financial Services Pekanbaru. Second, what are the legal consequences in settling Take Over on a motor vehicle loan agreement with a fiduciary guarantee at PT. Toyota Astra Financial Services Pekanbaru. The main problems in this study consist of first, how is the settlement of Take Over on a motor vehicle loan agreement with fiduciary guarantees at PT. Toyota Astra Financial Service Pekanbaru, Second, What are the legal consequences in the settlement of Take Over on a motor vehicle loan agreement with a fiduciary guarantee at PT. Toyota Astra Financial Service Pekanbaru. This research is observational research by means of survey research, while its nature is descriptive, that is, where this research provides an overview of a complete, detailed and clear statement. Against the results of the research that the authors found was the Take Over Settlement in Motor Vehicle Credit Agreements with Fiduciary Guarantees at PT. Toyota Astra Financial Service Pekanbaru is that in principle every problem caused by consumers is resolved amicably or through deliberation and if it cannot be resolved because the unit of motor vehicle loan financing is no longer found, the solution is submitted to the court or the authorities. But in essence this settlement does not provide benefits for the TAF because it continues to suffer losses from the act of diverting the motorized vehicle, even though the consumer is sentenced to 2 years imprisonment and a fine of Rp. 50,000,000, but this penalty is not commensurate with the losses suffered from the act of diversion, and the Legal Consequences in Settling Take Over on Motor Vehicle Agreements With Fiduciary Guarantees at PT. Toyota Astra Financial Service Pekanbaru is to be held accountable for their actions before the law if the vehicle unit concerned is unknown or lost, then legally it will be subject to reimbursement of costs and can be put on the debtor's black list and criminally prosecuted in cases of embezzlement of fiduciary objects.
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