Pawn Execution to PT Pegadaian against Collateral Object Which Does Not Belong to the Pawner

Afdela Yunita, Busyra Azheri, Syofiarti Syofiarti

Abstract


The problems raised here include: the first is the procedure for binding collateral to PT Pegadaian (Persero) which object does not belong to the pawner. The second is about how the auction will be carried out at the execution of a pawn to PT Pegadaian (Persero) against a collateral object that does not belong to the pawner. The third is about how the legal protection against the owner of pawn collateral object in the implementation of an auction of pawn execution. This study applies an empirical juridical method with the nature of descriptive analysis. It utilizes primary data and secondary data. The results of the study showed that the provisions of Article 1152 of the Civil Code provide the possibility that the object pawned for collateral for debt do not have to be movable property of private property, but can also be movable property belonging to others. The procedure for binding collateral object that does not belong to the pawner is the same as binding the collateral object legally as evidenced by a Loan Proof Letter. Thus, everyone who comes to PT Pegadaian with the aim of borrowing money must carry collateral items by attaching a Personal Identity Card. The auction will continue when the pawner defaults on the agreement in accordance with the provisions in the Loan Proof Letter. Legal protection, for the auction of a pawn object, for the owner of a pawn collateral object is actually given by law; i.e. if it is proven that the pawnbroker receives a pawn in bad intention, the pawnbroker party is obliged to return the pawned obejct to the real owner. In the settlement of this case, the claim from the owner of the actual collateral object to PT Pegadaian was not granted because the real owner did not receive legal protection.


Keywords


Execution; Pawn; Collateral; Procedure; Pawnshop

Full Text:

PDF

References


Books

Dimyati, Khudzaifah and Kelik Wardiono. “Legal Research Methodology”. (2004).

Erangga, Adilla Sarah. “Pawn Operations with the Sharia System of PT Pegadaian (Persero) Surabaya”. Accounting Journal of UNESA 2.1 (2013).

Herfika, Cahyusha Desmutya. “Comparative Analysis of Credit Product Mechanisms in Conventional Pawnshop and Financing at Sharia Pawnshop”. Student Scientific Journal FEB 2.1 (2013).

Herfika, Cahyusha Desmutya. “Comparative Analysis of Credit Product Mechanisms in Conventional Pawnshop and Financing at Sharia Pawnshop”. Student Scientific Journal FEB 2.1 (2013).

Koesnoe, Mohammad. Basic and Positive Legal Methods. Airlangga University Press, 2010.

Marzuki, Mahmud. Legal Research: Revised Edition. Prenada Media, 2017.

Santoso, Clairene EE. “Working Capital Turnover and Receivables Turnover: Its Influence on at PT Pegadaian’s (PERSERO) Profitability”. EMBA Journal: Journal of Economic, Management, Business and Accounting Research1.4 (2013).

Supriyadi, Ahmad. “Legal Structure of Rahn’s Covenant in Kudus Sharia Pawnshop”. Empirical: Islamic Research Journal 5.2 (2012).

Ulinuha, Ahmad. The Influence of Sharia Pawnshop Service and Image on Customer Decision in Using Pawn Services at Sharia Pawnshop of Majapahit Semarang Branch Office. Diss. IAIN Walisongo, 2010.

Legislation

Constitution

Government Regulation No. 51 of 2011 concerning Changes in the Form of Legal Entity from Public Company to Limited Company (Persero)

Law No. 19 of 2003 concerning State-Owned Enterprises

Law No. 8 of 1999 concerning Consumer Protection

R.Subekti dan R. Tjitrosudibio, Civil Code (Burgerlijk), 21st Print, Pradnya Paramita, Jakarta, 1978

Regulation of the Minister of Finance of the Republic of Indonesia No. 106 of 2013 concerning Implementation Guidelines for Auction

Vendu Instructie (Auction Instruction of Staatsblad 1908 No. 190)

Vendu Reglement (Auction Regulation of Staatsblad 1908 No. 189)




DOI: http://dx.doi.org/10.18415/ijmmu.v6i3.872

Refbacks

  • There are currently no refbacks.


Copyright (c) 2019 International Journal of Multicultural and Multireligious Understanding

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

International Journal of Multicultural and Multireligious Understanding (IJMMU) ISSN 2364-5369
https://ijmmu.com
[email protected]
dx.doi.org/10.18415/ijmmu
facebook.com/ijmmu
Copyright © 2014-2018 IJMMU. All rights reserved.