TINJAUAN YURIDIS SOSIOLOGIS TERHADAP PENYELESAIAN WANPRESTASI PERJANJIAN PEMBIAYAAN KREDIT KENDARAAN BERMOTOR (STUDY PADA MASYARAKAT PEKON WAYRILAU CUKUH BALAK)

Indra Mu’thi Ali,S.H, NIM.: 21203012008 (2023) TINJAUAN YURIDIS SOSIOLOGIS TERHADAP PENYELESAIAN WANPRESTASI PERJANJIAN PEMBIAYAAN KREDIT KENDARAAN BERMOTOR (STUDY PADA MASYARAKAT PEKON WAYRILAU CUKUH BALAK). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The practice of resolving defaults in motor vehicle credit financing agreements in Pekon Wayrilau is carried out by forcibly withdrawing vehicles that are used as collateral. In the Constitutional Court decision No.18 / PUU-XVII / 2019 and also explained in Law No.42 of 1999 concerning Fiduciary Guarantees article 11 explains that forced vehicle withdrawals cannot be carried out immediately before the executorial title is decided by the court (litigation) and the collateral asset is registered with the fiduciary guarantee. This shows that the settlement of defaults in the vehicle credit sale and purchase agreement has not been implemented in the corridor of agreement law. The formulation of the problem in this study is How is the understanding of the Pekon Wayrilau community about motor vehicle financing? What are the factors that lead to default in vehicle loans in Pekon Wayrilau community? How is the implementation of the legal rules for resolving defaults in the sale and purchase of credit vehicles in Pekon Wayrilau? What is the perspective of Soerjono Soekanto's sociology of law on the practice of default in the sale and purchase of credit vehicles in Pekon Wayrilau? How is the community's understanding of motor vehicle financing? This research includes field research using qualitative methods. In order to understand the settlement of defaults on vehicle credit agreements in Pekon Wayrilau, the author uses a legal sociology perspective as an approach and uses the theory of legal effectiveness put forward by Soerjono Soekanto as an analysis knife. The results showed that people's understanding of vehicle financing is that financing institutions are considered as an alternative to getting the vehicle they want with monthly installments and there is interest in credit, there is a down payment that can determine the low or high installments and determine the tenor of credit time and they understand about checking requirements so that in applying for credit must have requirements with good conditions as well. the factors causing default in the sale and purchase of vehicle loans in Pekon Wayrilau are factors of public understanding of the law, factors of public awareness and cultural factors. The form of settlement against default in the vehicle credit sale and purchase agreement in Pekon Wayrilau is through family deliberation efforts, but if these efforts fail, the finance company will unilaterally withdraw the vehicle.

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