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PERLINDUNGAN HUKUM TERHADAP PIHAK KETIGA DALAM SENGKETA GADAI AKIBAT DEBITUR WANPRESTASI (STUDI KASUS DI PEGADAIAN CABANG GUNUNGKIDUL)
Pawnshop is a non-bank financial institution that provides loans to customers based on pawnbroking law. Credit financing at Pawnshop is a popular choice amongst the public due to its easy, quick and straightforward process. In the pawnbroking process, the debtor is required to provide movable property as collateral to the creditor to guarantee repayment of the debt. Problems arise if the item used as collateral does not belong to the debtor themselves, but to another person. This study aims to analyse the legal protection afforded to third parties if their property is used as pawn collateral by another person without their consent. In this study, the author employed an empirical legal research method, drawing on contract theory and the theory of legal protection. The research data was obtained through interviews with relevant parties and supplemented by a literature review. The data obtained was then subjected to qualitative analysis, which is presented in a descriptive-analytical manner. The research findings indicate that pawnbroking agreements are still considered valid because the pawnbroker regards the party providing the goods as the subject of the pawn as the original owner, in accordance with Article 1977(1) of the Civil Code. There is no difference in the terms of the agreement between goods used as pawn collateral that are the debtor’s own property and goods used as pawn collateral that belong to another person. However, if the debtor openly states that the goods belong to another person, the debtor is obliged to provide a power of attorney from the owner of the goods. Legal protection for the owner of the goods can be sought through non-litigation or litigation channels. Through non-litigation channels, the owner of the goods may request mediation from Pawnshops to resolve the dispute between the owner of the goods and the debtor. Through litigation, the owner of the goods may report the matter to the police if there are criminal elements involved or file a claim for recovery to demand the return of their goods in accordance with Article 1977(2) of the Civil Code.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 22103040109 Kenvianza Gilang Shalma Ditya
PERLINDUNGAN HUKUM TERHADAP PIHAK KETIGA DALAM SENGKETA GADAI AKIBAT DEBITUR WANPRESTASI (STUDI KASUS DI PEGADAIAN CABANG GUNUNGKIDUL) (Text)
PERLINDUNGAN HUKUM TERHADAP PIHAK KETIGA DALAM SENGKETA GADAI AKIBAT DEBITUR WANPRESTASI (STUDI KASUS DI PEGADAIAN CABANG GUNUNGKIDUL) (Other)
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