Analisis Yuridis Penyelesaian Pengalihan Objek Jaminan Fidusia Melalui Pegadaian kepada Pihak Ketiga tanpa Persetujuan Kreditur di PT Suzuki Finance Indonesia Cabang Semarang
Riska Dian Nadilla, Dr. Ninik Darmini, S.H., M.Hum
2025 | Skripsi | ILMU HUKUM
This legal writing aims to analyze and understand the resolution process undertaken by PT. Suzuki Finance Indonesia Semarang Branch as the creditor in cases where the fiduciary collateral object is pawned to a third party without the creditor’s consent, as well as the legal protection available to the third-party pawnbroker.
This legal writing employs a normative-empirical legal research approach, which combines field data obtained from society with secondary data collected through literature studies. It utilizes two types of data: primary data in the form of legal regulations and secondary data in the form of books and journals. Additionally, this research is supported by interviews with relevant sources to strengthen the collected data. The gathered data is then analyzed using a qualitative method and presented descriptively.
Based on the research findings and discussion, PT. Suzuki Finance Indonesia has undertaken three resolution efforts in cases where a fiduciary collateral object is pawned to a third party without the creditor’s consent. The first effort involves issuing a warning letter for overdue debt payments up to three times. The second effort consists of negotiating with the defaulting debtor. The third effort entails filing a public complaint with the Indonesian National Police if the unit has been transferred to a third party.
Regarding third parties who receive a pawned fiduciary collateral object, no legal protection is provided. According to the publicity principle, a third-party pawnbroker is deemed aware that an object is already encumbered with a fiduciary security interest. Thus, if the third party fails to check the fiduciary collateral register, they are not entitled to legal protection. If the third-party pawnbroker suffers losses due to the debtor’s actions, they may file a lawsuit for an unlawful act (Perbuatan Melawan Hukum/PMH) against the debtor.
Kata Kunci : Jaminan Fidusia, Gadai, Pelindungan Hukum