Regulations For Vehicle Revenue By Debt Collectors In Indonesia

Vehicle Revenue Rules by Debt Collector (Bastian Pudill - Unsplash)

YOGYAKARTA - With the wider social media in the community, the occurrence of motorized vehicle withdrawals in the form of four or two wheeled vehicles that are forced by debt collectors can be easily encountered or seen by the public. This of course makes people nervous who buy motorbikes or four-wheeled vehicles via credit. The question is, what is the regulation regarding the withdrawal of motorbikes or four-wheeled vehicles that are in arrears in payment for their installments? Let's find out the rules for vehicle withdrawal by debt collectors!

The motor vehicle withdrawal procedure whose credit is problematic has been limited in Law Number 42 of 1999 concerning Fidusia Guarantee. The law explains that fidusia is the transfer of the ownership rights of an object on the basis of belief with the stipulation that the object whose ownership rights are transferred remains under the control of the owner of the object.

Next in Article 15 it is explained that in the Fiducial Security Deed, words FOR JUSTICE are included BASED ON THE MAHA ESA COMPLIANCE, the Fidusian Guarantee Deed has the same exequatorial power as the court's decision which has received permanent legal force and if a debtor is injured in his commitment, the Fidusian Recipient has the right to market the object that is the object of Fidusian Guarantee on his own power.

According to the provisions in Law Number 42 of 1999, especially Article 15, there are different interpretations related to the execution or withdrawal of fiduciary guarantees in the form of motorized vehicles if the credit is problematic.

Some interpret that the work on motor vehicle withdrawals should go through court, but some think that according to the authority given by law it can carry out its own or unilateral withdrawals, and this is what then happens in the community of forced withdrawals of motorized vehicles by debt collectors.

Launching from the site djkn.kemenkeu.go.id, in 2019 the decision of the Constitutional Court Number 18/PUU-XVII/2019 was issued, with the desire for uniformity of understanding related to the execution of fiduciary guarantees in general and especially the withdrawal of motorized vehicles whose loans were problematic, with the following verdict:

Mengadili:

With the Constitutional Court's decision mentioned above, it seems that the practice of withdrawing motorized vehicles with problematic credit still has different interpretations in the execution, some think that it is increasingly clear that the execution or withdrawal should be a court, while some others think that the execution or withdrawal may be carried out directly by creditors or through debt collectors as long as there is an agreement related to promises or commitments and agreements to deliver fiduciary guarantees or their vehicles.

According to the information above, it can be concluded that the execution or withdrawal of motorized vehicles with problematic credit still has differences in opinion regarding the technical way it works even though there is already a Constitutional Court decision Number 18/PUU-XVII/2019. But there are things that have been approved that the execution or withdrawal of vehicles by debt collectors {mesti equipped with:

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