Liability of the Debtor as a Result of the Transfer of the Security Object of the Trust without the Consent of the Creditor in the Consumer Financing Agreement on PT Adira Dinamika Multifinance Tbk, Banda Aceh

Abstract

This study aims to elucidate the legal ramifications for the debtor and third parties when the security object of the trust is transferred without the creditor's consent. Additionally, it seeks to examine the liability of the debtor resulting from the transfer of the security object without the creditors' approval. The research methodology employed in this study is the Yuridis empirical approach. The research utilizes primary and secondary legal materials. Primary legal material comprises field data obtained from interviews with respondents and informants. Secondary legal material includes legislative regulations, books, and scholarly works such as journals or articles relevant to the research. The research findings indicate that transferring the object of security without the creditor's consent has legal consequences for the debtor and third parties. Specifically, such actions by the debtor are considered unlawful and a breach of the agreed financing agreement. The creditor has the right to enforce the credit guarantee by utilizing the executive power specified in the trust guarantee certificate. The debtor can be held liable for transferring the security object of the trust without the creditor's authorization, which may result in both civil recompense for damages and criminal culpability.