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

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.