UPAYA PT. FEDERAL INTERNATIONAL FINANCE CABANG YOGYAKARTA DALAM MEMPEROLEH PERLINDUNGAN HUKUM TERHADAP DEBITUR YANG MELAKUKAN WANPRESTASI DALAM PERJANJIAN PEMBIAYAAN KONSUMEN DENGAN JAMINAN FIDUSIA

RAHAYU, BONDAN ESTUNING (2009) UPAYA PT. FEDERAL INTERNATIONAL FINANCE CABANG YOGYAKARTA DALAM MEMPEROLEH PERLINDUNGAN HUKUM TERHADAP DEBITUR YANG MELAKUKAN WANPRESTASI DALAM PERJANJIAN PEMBIAYAAN KONSUMEN DENGAN JAMINAN FIDUSIA. S1 thesis, UAJY.

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Abstract

The advancement of techonological field has forced the company to produce the more advanced and various products. The superiority of a newest product force the society (consumers)is attracted to have it although financially the budget for buying that produce is insufficient. PT. Federal International Finance is a defraying institution who focuses on business activity in the field of consumers‟defrayal in order to defray the credit of motorcycle by one of the brancehes office of which is located inYogyakarta. For gaining legal certainty between the relating parts, thus it is established an agreement on consumers‟ defrayal. However in its implementation, the matters contained in defrayal agreement have not been conducted appropriately to what had happened in practice, i.e. from parts who conduct misconduct likes the consumers who delay their amortization. The case in this research was the effort of PT. Federal International Finance in gaining legal protection towards the debtor who conducts misconduct in the implementation of consumers‟ defrayal agreement. This research was an empirical normative legal research by descriptive research. The data sources used in this research were primary and secondary data. The method of data collection was conducted by data checking and data signing. The data analysis was qualitatively, comprehensively, and completely conducted. The result of this research and disscussion shows taht legal principle of which regulate on the consumers‟ defrayal i.e. Presidental Decision Number 61 of 1988 on Defrayal Institution of which follow up Decision of Financial Minister Regulation Number 84/PMK.012/2006 on Defrayal Company. The misconduct happened was unfulfilled the obligation of which had been stated in agreement or consumers‟ delay in paying amortization. As the result, PT. FIF can discontinue the agremeent and propose the amortization of defrayal credit. The way of resolution in the case of misconduct is conducting procedural account (A/R) management, in the matter of credit amortization of defrayal or it will be conducted the redrawing of bicycle. The enclosing of clause on the redrawing of bicyle can cause the agreement is void before the law by reason of it violates the Laws on Consumers Protection. It is better for PT. FIF to register the guarantee object and remove the clause on redrawing of bicyle.

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