Tinjauan Yuridis Tanggung Jawab Hukum Dalam Perjanjian Pembiayaan Konsumen Dengan Jaminan Fidusia (Studi Di Armada Finance Jepara)

Abstract

The purpose of consumer financing is to help the community or lower middle class entrepreneurs who experience capital difficulties by financing them to procure goods according to their needs through consumer financing agreements with guarantees and conditions determined by Fleet Finance Jepara. In providing financing funds, Armada Finance Jepara asks for fiduciary guarantees to secure its financing funds to avoid losses if the debtor does not fulfill its obligations. What is expected in this agreement is that the debtor can fully carry out his obligations smoothly, but what happens in the field does not always run smoothly as expected. There are times when the debtor does not fulfill the obligations according to the mutual agreement. This study aims to determine the form and content of consumer financing agreements with fiduciary guarantees between debtors and Aramada Finance Jepara, as well as legal responsibility if the debtor defaults in consumer financing agreements with fiduciary guarantees. The method used in this research is normative juridical which is descriptive by using primary and secondary legal material data sources using library research data collection techniques. The form and content of the consumer financing agreement with fiduciary guarantees at Armada Finance Jepara is a written agreement, the type of which is a deed under the hand and is in the form of a standard agreement with terms and conditions that have been determined unilaterally by Armada Finance Jepara, the contents of which are in accordance with statutory provisions. Regarding the debtor in default, the creditor has the right to take all necessary legal actions to settle all obligations that must be paid by the debtor, including the execution of the object of collateral that has been burdened with fiduciary guarantees

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