TANGERANG - The trial of the civil case of selling luxury cars belonging to film producer Girry Pratama with the defendant, a private bank, was held at the Tangerang District Court (PN) with the agenda of examining civil experts.
The reason Girry Pratama sued the bank's civil system was related to the sale of luxury cars he was paying in installments. The reason is, in the process of selling it, the film producer did not get a notification from the bank.
"This case is related to the process of paratesting the execution carried out by creditors unilaterally, where the action of the execution paratrate is not in accordance with the provisions of the Constitutional Court's decision Number 8 of 2019 in conjunction with the decision of the constitution number 99 of 2020 in conjunction with the decision of the constitution's grave Number 2 of 2021," said expert witness Sonyendah Retnaningsih, Friday, January 20.
Sonyendah explained that in this case creditors did not carry out the execution in accordance with the Fidusian Law, which had to meet two cumulative elements. This means that they must have an agreement between the two creditors and debtors for the occurrence of default.
There must be an agreement between the two creditors and debtors that has been defaulted. The second must be a voluntary submission from the debtor to the creditor, so in this case, the inclusion of default cannot be declared unilaterally," he said.
"If the debtor does not fulfill it voluntarily and there is no opportunity there has been a default, then the creditor cannot carry out the execution alone by using the guarantee of the Fidusia Law through the execution parate," he continued.
Retna said, if for example a debtor is declared default, there must be a guarantee of the object, namely the follow-up agreement. He said it could not stand alone, because of the main agreement.
"The main agreement is actually buying and selling but with the concept of debt. Sale and purchase in installments. If the concept of buying and selling is despite the installment mechanism, then property rights will already occur when there is a delivery of goods. Unlike buying and selling fixed objects, it must be authentic," he explained.
Retna added, so this fiduciary guarantee belongs to creditors because it only gives the right to property guarantees, it could be dependents, fiduciary, pawning. so don't move property rights.
"This car is his right to be listed on the STNK, BPKB, that's his property. So if the debtor gets stuck in payment, the creditor cannot make direct sales, it must go through approval between the two parties. The debtor voluntarily becomes sold as payment. If there is no such thing, which can be because the right to belong to the debtor," he said.
Retna explained, in this case, it was clear that the creditors did not fulfill the 1320 Civil Code. The reason is, creditors sell cars belonging to debtors without approval or no power of attorney.
"If there must be a power of attorney that is the same, there must be an agreement first between the two. So if there is no power of attorney, then the signing is invalid," he said.
"The problem is that if the follow-up execution is based on the documents for the delivery of goods, which are handled by the appropriate party, then the sale is illegal. Because it does not fulfill the decision of the Constitutional Court," he said.
Girry Pratama's attorney, Cumbhadrika, said that his party agreed with what the expert witness presented regarding the fiduciary explanation. This is very clear if creditors cannot immediately without the submission of a power of attorney from someone with an interest.
"So it is clear what was conveyed by the expert witness, the defendant's actions (creditor) were indeed an act against the law. So the hope is that the judge can decide what is fairest," he said.
Previously, film producer Girry Pratama sued a civil bank related to the sale of his credit car. One of the things that was questioned was the notification letter from the bank, which he said had never reached Girry Pratama.
"Conducting the car credit contract at our new client's house and already knowing and it is fitting for the bank to send a letter to the address of our client at this time," said Cumbhadrika as Girry Pratama's attorney in his statement.
However, according to Migoro, the notification letter from CIMB never reached Girry Pratama. He said the address sent was the address that Girry Pratama lived in five years ago.
The case began when Girry Pratama was abroad, to be precise Budapest, Hungary, on January 3, 2022. At that time, Girry Pratama already knew that his car credit payment would mature on January 8. Therefore, Girry admitted that he contacted the bank staff to submit a late payment delay. At that time, Girry asked for permission to pay late because conditions made it impossible to make payments.
"At that time when contacted, I received it. It's okay. Well, then Girry returned on the 6th. At that time, government regulations were very strict to quarantine for 14 days until January 22. At that time the bank had contacted and our client also happened to say that he was at the hotel for quarantine. After (the client) was quarantined, they (the bank) had agreed," said Mito.
"Well, after completing the January 22 quarantine, Mr. Girry happened to be positive for COVID-19 and had to increase the quarantine in about two weeks," he added.
After quarantine, Girry added, the bank contacted Girry's staff to recommend entrusting the car. He said, as good faith from his client and anticipating things that were not desirable, the car was finally entrusted to the bank.
"The car was entrusted, delivered by our client's staff the car. Furthermore, when our client finished quarantine, went to the bank to make a payment where there was one car and there was another car. Our client came in good faith to pay the fine. Mr. Girry knows that with this condition, he will definitely be charged late," he explained.
The English, Chinese, Japanese, Arabic, and French versions are automatically generated by the AI. So there may still be inaccuracies in translating, please always see Indonesian as our main language. (system supported by DigitalSiber.id)
