PRAKTIK PENARIKAN KREDIT MACET MOTOR OLEH DEBT COLLECTOR: STUDI KASUS DI GROBOGAN JAWA TENGAH

Ravindra Luqman, NIM.: 15340107 (2020) PRAKTIK PENARIKAN KREDIT MACET MOTOR OLEH DEBT COLLECTOR: STUDI KASUS DI GROBOGAN JAWA TENGAH. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Cases of motorcycle withdrawals carried out by people who are not responsible make people uneasy. This is because the withdrawal is done by force and sometimes by acts of violence. In Grobogan district itself, withdrawing motorcycle often uses groups of people who have large bodies and military-style looks. In fact, a small number of motorcycles, used by the community in the Grobogan Regency are motorcycles whose credit are not continued (bad credit), which the community considers that the motorcycles is only used in the village and only for local purposes. In another reality, promos and advertisements regarding motorcycles loans are many and varied with simple conditions imposed by banks, and other financial institutions. This fact has implications for the executors (Debt Collecto) becoming more and more mushrooming. Basically, the withdrawal of bad loans for motorcycles has been regulated in the Fidusian Law Guarantee in 1999. From the case, there was a sense of unease and concern by the public regarding complicated procedures and management. For the sake of security and public order, Kapolri issued a regulation regarding Fiduciary Security Execution which is regulated in Kapolri Rule No.8 of 2011 concerning Execution of Fidusian Law Guarantee and Deision of Constitutional Court no 18 of 2019. In accordance with all the laws and regulations mentioned above, no one mentions that it is permissible to use debt collector services as a foreclosure agent. After the issuance of the regulation, the Debt Collectors made use of security from the National Police to provide security when withdrawing bad motorcycles loans in Grobogan Regency. This type of research uses field research, data collection techniques that are through factual observation and interviews with parties needed and are considered to represent the object of research (purposive sampling). This study uses an empirical juridical method that looks at the suitability of field data and facts (das sein) which are primary data with secondary legal material, namely laws and regulations as instruments of the proper mechanism (das sollen). The results of research and analysis of data that have been carried out show that: first, that the practice of withdrawing motor bad loans that occurred in Grobogan Regency is very far from what has been regulated in the legislation; secondly, even though the withdrawal of motorcycle bad debts by the Debt Collector is very detrimental to the community, this method is more effective and more promising than using legal channels that are considered too long and the process is not short.

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