Transfer of Fiduciary Guarantee Object Under the Hands of the Debtor without the Creditor's Consent in the Consumer Financing Agreement (Study at PT Adira Dinamika Multifinance TBK Banda Aceh)

Abstract

Article 23 paragraph (2) of Law No. 42 of 1999 concerning Fiduciary Guarantee states that: "Debtors are prohibited from transferring, pawning, or renting to other parties objects that are objects of Fiduciary Guarantee that are not items of inventory, except in advance written from the fiduciary recipient. In practice, the transfer of the fiduciary guarantee object is carried out by the Debtor without the consent of the Creditor. This happens in the consumer financing agreement of PT Adira Dinamika Multifinance with the Debtors with the object of guarantee in the form of motor vehicles. This study aims to explain the transfer of motor vehicle guarantee objects with fiduciary guarantees without creditor approval. The study will also discuss the form of legal protection for creditors against the transfer of fiduciary collateral objects. The research method used is normative legal research method. The materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The primary data was obtained through interviews and field studies. The secondary data is obtained through the study of documents and literature. The results showed that the transfer of fiduciary guarantee objects in consumer financing agreements resulted in debtors having committed defaults as well as Unlawful Acts. Legal protection of creditor rights can be implemented through the registration mechanism of fiduciary guarantee and the sale of fiduciary guarantee objects through the conduct of auction sales. Legal protection can also be done by loading objects with a fiduciary guarantee deed made with an authentic deed in order to appear the principle of speciality.