SUMSEL - The Ministry of Law and Human Rights (Kemenkumham) for the South Sumatra region (Sumsel) conducted a legal analysis related to the forced withdrawal of motorized vehicles by debt collector services or debt collectors.
"Seeing the rampant action of debt collectors who forcibly pulled public vehicles on the road because they were in arrears in paying credit installments, we conducted data and information analysis related to the problem using the Legal and Human Rights Research Information System (SIPKUMHAM)," said Head of the South Sumatra Ministry of Law and Human Rights, Ilham Djaya, in Palembang, Friday, May 17, confiscated by Antara.
According to him, from the consumer side, if you feel that you are starting to have difficulty paying, there must be good faith coming to the office of the financing company (leasing).
Consumers can explain problems that make obstacles have to delay the payment of their motor vehicle credit installments to the finance company.
Meanwhile, from the side of the financing company (leasing) if it is to withdraw the two-wheeled and four-wheeled motorized vehicles it finances must also comply with procedures.
The procedure for financing/leasing companies to withdraw vehicles is to go through warning letters 1, 2, and 3, then subpoenas within seven days.
Furthermore, if there is no response, the finance company can send debt collector services that have a collection certificate, a letter of assignment from the financing institution, if there is no assignment letter, it is illegal.
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Procedures for motor vehicle withdrawals whose credits are problematic have been regulated in Law Number 42 of 1999 concerning Fidusia Guarantee.
The law explains that fiduciary is the transfer of ownership rights to an object based on belief on the condition that the object whose ownership rights are transferred remains under the control of the owner of the object.
"The Ministry of Law and Human Rights of South Sumatra often receives complaints about this problem. We as mediators continue to seek negotiations between the leasing company and the consumer. We meet and mediate to find a solution, otherwise law enforcement officers can be forced," explained the Head of the Regional Office of the Ministry of Law and Human Rights, Ilham Djaya.
Sementara sebelumnya Kabag Wasidik Ditreskrimum Polda Sumsel AKBP Faisol Majid menjelaskan bahwa berdasarkan putusan Mahkamah Konstitusi (MK) Nomor 18/PUU-XVII/2019, tujutnya adalah pihak kreditur/leasing dapat menarik kendaraan yang menjadi objek jaman fidusia jika ada kesepakatan/pengakuan mengenai cederaman jantu (wantasi) serta debitur secara membagakan object kejaman fidusia.
If these conditions are not met and creditors/leasing take vehicles forcibly, both collectors/debt collectors and creditors, can be threatened with committing a criminal act as stipulated in Article 335 of the Criminal Code in conjunction with Article 55 of the Criminal Code (unpleasant act) and or Article 365 of the Criminal Code in conjunction with Article 55 of the Criminal Code (violent theft).
"According to the Constitutional Court's Decree, that with fiduciary guarantees that there is no agreement regarding promises injuries (wantation) and debtors object to voluntarily submit objects that are fiduciary guarantees, all legal mechanisms and procedures in the execution of fiduciary guarantee certificates must be carried out and apply equally to the execution of court decisions that have permanent legal force," he said. the Head of Wasidik Ditreskrimum of the South Sumatra Police.
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