PERTANGGUNGJAWABAN PERDATA PENERIMA GADAI ATAS TERJADINYA WANPRESTASI DALAM PRAKTIK JASA USAHA GADAI (STUDI DI CV. MEGA PERDANA YOGYAKARTA)

Nur Hidayah, NIM.: 20103040062 (2024) PERTANGGUNGJAWABAN PERDATA PENERIMA GADAI ATAS TERJADINYA WANPRESTASI DALAM PRAKTIK JASA USAHA GADAI (STUDI DI CV. MEGA PERDANA YOGYAKARTA). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

A pawn is an agreement made between a creditor and a debtor in which the debtor hands over collateral for movable objects to the creditor to guarantee repayment of the debt. The practice of pawning at private pawn institutions or other than PT Pegadaian (Persero) is currently widely carried out by the public. This is because the process is easier and faster. One of them concerns the practice of pawning movable objects at CV. Mega Perdana Yogyakarta. Public interest in pledging CVs. Mega Perdana can be said to be quite high. However, at CV. Mega Perdana has a pawn object that is under the control of a third party. This is not in accordance with Article 18 POJK Number 31 of 2016 concerning Pawnshop Businesses. Apart from that, it can result in the deterioration/damage of the pledged collateral. Thus, this research aims to explain the practice of pawning where the object of the pawn is under the control of a third party in terms of contract law and the civil liability of the pledgee if the parties commit a default in implementing the practice of pawning at CV. Mega Perdana. This research is field research (field research) which is carried out at CV. Mega Perdana and the DIY Financial Services Authority as the first sources to review the implementation of pawn practices. This research is descriptive-analytical in nature, which is then analyzed using a juridical-empirical approach. Data collection was carried out by interviewing the parties concerned, namely the CV owner. Mega Perdana. Data analysis was carried out on the practice of pawn business services in terms of contract law and civil liability theory. The results of the research show that firstly, the implementation of the agreement regarding the pledged object handed over to a third party or under the control of a third party is not in accordance with the conditions for the validity of the agreement, namely the agreement of the parties and a lawful cause. Apart from that, it also does not fulfill the principle of good faith because the first party was not informed about the object of the pledge which was in the control of a third party or was re-pawned by CV. Mega Perdana. Second, civil liability carried out by the parties in the event of a breach of contract, namely by compensating for losses according to the amount of losses or the initial agreement, for the party who made a mistake/negligence. This is also in accordance with Articles 1365, 1366, 1367 of the Civil Code. If the parties commit a default, the resolution is to use non-litigation channels by means of negotiation, mediation and deliberation.

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