TINJAUAN YURIDIS PENGALIHAN OBJEK JAMINAN FIDUSIA PADA PERJANJIAN PEMBIAYAAN KONSUMEN KENDARAAN BERMOTOR RODA EMPAT TANPA PERSETUJUAN PENERIMA FIDUSIA (STUDI KASUS DI PT BCA FINANCE CABANG PEKALONGAN)

Abstract

This research aims to find out and analyze the reasons why fiduciary providers transfer fiduciary collateral objects in consumer financing agreements for four- wheeled motorized vehicles without the approval of the fiduciary recipient at PT BCA Finance Pekalongan Branch and to determine and analyze the legal consequences of transferring fiduciary collateral objects by the fiduciary provider without the recipient's consent. fiduciary at PT BCA Finance Pekalongan branch. This research was carried out using descriptive empirical juridical research. The legal research material in this research was obtained through two studies, namely library research and field research. Literature research was carried out using secondary data, while field research was carried out to obtain primary data. The data obtained was then processed using qualitative analysis methods and presented descriptively. Based on the research results and discussion, two conclusions can be drawn. First, the fiduciary provider as debtor transfers the fiduciary collateral object without the consent of the fiduciary recipient as creditor during the implementation of the PT BCA Finance Pekalongan branch Consumer Financing Agreement with the aim of transferring credit (over credit) as well as ownership rights in trust of the collateral object to a third party who receives the transfer. Second, the transfer of fiduciary collateral objects by the debtor without the written consent of the creditor at PT BCA Finance Pekalongan branch has legal consequences for both the debtor, creditor and third parties as recipients of the transfer of fiduciary collateral objects from the debtor.