;

Abstrak


Perlindungan Hukum Terhadap Debitor Sehubungan Dengan Perampasan Benda Jaminan Fidusia Oleh Perusahaan Pembiayaan


Oleh :
Marlena Setyawati - S351308074 - Sekolah Pascasarjana

ABSTRAK 

Marlena Setyawati. NIM: S351308074. LAW PROTECTION FOR CONSUMERS AGAINST THE FIDUCIARY COLLATERAL CONFISCATION BY LEASING COMPANY (A Case Study on Surakarta District Court’s Verdict No. 105/Pdt.G/BPSK/2012/PN.SKA). Notary Master Program of Sebelas Maret University.

The objective of research was to describe the judge’s rationale in deciding on the case in Surakarta District Court’s Verdict No. 105/Pdt.G/BPSK/2012/PN.SKA, whether or not it referred to Law Number 42 of 1999 about Fiduciary Collateral, whether or not the Judge’s verdict had been just for the parties, and to analyze the form of law protection for the consumers in Surakarta District Court’s Verdict No. 105/Pdt.G/BPSK/2012/PN.SKA.  

The research method employed to achieve the objective of this legal study was sociological empirical one, the study emphasizing on field study to obtain primary data. To support and to complement the data, normative research was conducted, by means of library research to obtain secondary data.

The result of research stated that the judge’s rationale in deciding on the case in Surakarta District Court’s Verdict No. 105/Pdt.G/BPSK/2012/PN.SKA did not refer to Law Number 42 of 1999 about Fiduciary Collateral, but to Presidential Regulation Number 9 of 2009 about Finance Institution. The form of law protection for the consumers in Surakarta District Court’s Verdict No. 105/Pdt.G/BPSK/2012/PN.SKA had been consistent with the ideal of Law Number 8 of 1999 about Consumer Protection because in this case, the law protection attempt the consumers had taken employed preventive attempt.

The type of business the leasing company operated should be consistent with what included in Presidential Regulation Number 9 of 2009 about Finance Institution, the socialization should be made to the public concerning its right and obligation as consumers.

Keywords: Law Protection, Finance Institution, Fiduciary Collateral