Jaminan Keadilan dan Kepastian Hukum Dalam Peraturan Menteri Keuangan Nomor 130/PMK.010/2012 Mengenai Kewajiban Pendaftaran Jaminan Fidusia Bagi Perusahaan Pembiayaan Kendaraan Bermotor Ditinjau dari Undang-Undang Nomor 42 Tahun 1999

Abstract

Regulation of the Minister of Finance Number 130/PMK.010/2012 is enacted to regulate the obligation of registering fiducia by finance institution that finances motor vehicle. This regulation establishes new rules which is not regulated or delegated by Act Number 42 of 1999. The new rules are the duration of fiducia registration and administrative sanctions for its violation. This research is conducted to know: 1) whether the obligation of registering fiducia of finance institution in Regulation of the Minister of Finance Number 130/PMK.010/2012 is already in accordance with Act Number 42 of 1999. 2) whether the obligation of registering fiducia of finance institution in Regulation of the Minister of Finance Number 130/PMK.010/2012 has already reinforced the legal certainty and justice. This research applied normative method which focused on the fiducia regulations, legislation theory, the concept of legal certainty and justice. The results of this research are: 1) Regulation of the Minister of Finance Number 130/PMK.010/2012 is in conflict with the Act Number 42 of 1999 because of two aspects. Firstly, Regulation of the Minister of Finance Number 130/PMK.010/2012 does not have any legal basis because Act Number 42 of 1999 does not delegate any authority to the minister to regulate the duration of fiducia registration. Secondly, the content of Regulation of the Minister of Finance Number 130/PMK.010/2012 article 2 which regulates the duration of fiducia registration is in conflict with Act Number 42 of 1999 article 11 (1). The content of Regulation of the Minister of Finance Number 130/PMK.010/2012 article 4 which adds new condition for execution is in conflict with the general rule of execution in Act Number 42 of 1999. 2) Regulation of the Minister of Finance Number 130/PMK.010/2012 does not reinforce justice because it prompt inequal treatment between finance institution and banking institution which also provides similar motor vehicle financing. The inequal treament reduces the competitiveness of the finance institution to offer competitive financing schemes. Regulation of the Minister of Finance Number 130/PMK.010/2012 also does not reinforce legal certainty because it is in conflict with Act Number 42 of 1999 both in the form and the content