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PERLINDUNGAN HUKUM BAGI KREDITUR ATAS DIALIHKANNYA OBJEK JAMINAN FIDUSIA OLEH DEBITUR (STUDI KASUS DI BMT ARTHA SEJAHTERA DAN BMT BANGUN RAKYAT SEJAHTERA)
Financing with fiduciary collateral is an essential instrument in the operations of Islamic microfinance institutions (BMT). However, in practice, problems often arise when debtors transfer fiduciary collateral objects to third parties without the creditor’s consent. Such actions not only violate contractual clauses but also contravene Article 36 of Law No. 42 of 1999 concerning Fiduciary Security. This situation creates real losses for BMTs, which must deal not only with defaulting debtors but also with third parties who feel disadvantaged. Therefore, this research focuses on examining legal protection for BMTs as creditors and the settlement mechanisms when fiduciary collateral is unlawfully transferred by debtors. This study employs an empirical juridical approach with a descriptiveanalytical nature. Primary data were obtained through interviews with BMT officials, while secondary data were collected from literature, journals, books, and relevant legislation. The research applies Moch. Isnaeni’s theory of legal protection, which distinguishes between internal legal protection—realized through contractual clauses—and external legal protection—ensured by statutory provisions and legal institutions. Within this framework, the analysis centers on how contractual clauses safeguard creditors and what legal measures are taken when violations occur. The findings indicate that internal legal protection for BMTs is embodied in clauses regarding repayment obligations, the submission of vehicle registration certificates (BPKB) as collateral, and provisions concerning default and dispute resolution. Meanwhile, external legal protection is realized through breach of contract lawsuits in court and the application of the Fiduciary Security Law as a legal foundation. Field cases reveal that settlements are often achieved through deliberation facilitated by BMTs, even when involving third parties who purchased collateral without legal ownership documents. Although such resolutions do not always fully restore the creditor’s rights, they effectively minimize conflicts and uphold justice in line with Islamic principles. Thus, the combination of internal and external protections is crucial to safeguarding BMT interests while balancing the rights of debtors and third parties.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 21103040067 Agastya Bisma Prasetyo
PERLINDUNGAN HUKUM BAGI KREDITUR ATAS DIALIHKANNYA OBJEK JAMINAN FIDUSIA OLEH DEBITUR (STUDI KASUS DI BMT ARTHA SEJAHTERA DAN BMT BANGUN RAKYAT SEJAHTERA) (Text)
PERLINDUNGAN HUKUM BAGI KREDITUR ATAS DIALIHKANNYA OBJEK JAMINAN FIDUSIA OLEH DEBITUR (STUDI KASUS DI BMT ARTHA SEJAHTERA DAN BMT BANGUN RAKYAT SEJAHTERA) (Other)
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