LEGAL PROTECTION OF FORCED WITHDRAWAL OF FOUR-WHEELED VEHICLES BY DEBT COLLECTORS

Abstract

In the law of guarantees, two types of guarantees are known, namely special guarantees and general guarantees, special guarantees can still be further divided into material guarantees and debt guarantee. General guarantees and debt guarantees do not fully provide certainty regarding debt repayment, because creditors do not have prior rights so that the creditor's position remains as a concurrent creditor against other creditors. This triggers creditors to forcefully withdraw motorized vehicles arbitrarily without complying with applicable regulations in Indonesia. So the formulation of the problem arises (1) how is the legal protection of the fiduciary security giver over the fiduciary object forcibly withdrawn by the fiduciary recipient in National Police Chief Regulation No. 8 of 2011 concerning Fiduciary Security Execution Safeguards and (2) How is the judge's consideration in the execution of fiduciary guarantees in Tangerang District Court Decision No. 663/Pdt.G/2018/Pn.Tng. The research method is descriptive qualitative. The data collection techniques used are secondary data and primary data to support secondary data. Based on the National Police Chief Regulation No. 8 of 2011 concerning Securing the Execution of Fiduciary Guarantees, the debtor needs to ensure that the fiduciary guarantee execution process is in accordance with applicable procedures such as providing a notification letter to the debtor, showing a copy of the fiduciary deed, a copy of the fiduciary certificate and being accompanied by a member of the Indonesian National Police during the fiduciary guarantee execution process. However, its implementation in Decision No. 633/Pdt.G/2019/Pn.Tng the debtor has not received legal protection in accordance with National Police Chief Regulation No. 8 of 2011 concerning Fiduciary Security Execution Safeguards because in the process of executing fiduciary guarantees debt collectors forcibly withdraw motorized vehicles without showing a copy of the fiduciary deed, a copy of the fiduciary certificate and not accompanied by members of the Indonesian National Police as stipulated in National Police Chief Regulation No. 8 of 2011 concerning Fiduciary Security Execution Safeguards.