Wira Marizal, Idrus Abdullah, Djumardin

Abstract:

The purpose of this study is to analyse the Protection of Debtor Laws against Finance that pledges BPKB Debtor to the bank and to analyse the Financial Responsibility to BPKB Debtor guaranteed to the Bank. This research is an empirical normative research using Statue approach and Conceptual Approach. Besides, this research also uses sociological empirical approach.

Result of research that PT. Amanah Finance as a consumer financing company that has a relationship between the creditors (the cost provider) with the consumer (the debtor as the party receiving the fee) is a contractual relationship which means based on the contract in this case is the consumer financing contract. The costing party company is primarily obligated to give a sum of money for the purchase of something of consumption goods, while the consumer as the recipient of the main obligation to pay back the money in instalments to the party of the cost. Thus the contractual relationship between the provider of funds and the consumer is a kind of credit agreement set forth in the Civil Code, so that the creditor cannot transfer the collateral to another party in this case the banking. Legal efforts that can be done by the debtor as a form of legal protection that is to enter a lawsuit to the court with elements of the act against the law and default made by PT. Amanah Finance as a creditor. While the debtor may hold accountable to PT. Amanah Finance as the creditor if the debtor filed a lawsuit to the court with elements of the act against the law and default made by PT. Amanah Finance, accountability of PT. Amanah Finance in the form of Replace the nominal loss if the existence of a serious violation of the law, such as acts that contain elements of deliberate, but does not cause real harm to the victim, the victim can be given a certain amount of money in accordance with the sense of justice without calculating how much the loss, a compensation loss is a compensation that is a payment to the victim over and in the amount of loss that the victim has actually suffered from an unlawful act. Therefore, such compensation is also referred to as actual damages. For example, compensation for any costs incurred by the victim, loss of profits/wages, sickness and suffering, including mental suffering such as stress, shame, fallen names, and punitive damages constitutes a substantial loss in excess of the amount of actual loss. The amount of compensation is intended as a punishment for the offender.

Keywords:  finance, collateral BPKB, debtor

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