Importantly Recorded Debtors! Here's The Vehicle Revenue Procedure By Leasing

Illustration of vehicles that are used as a guarantee of fiduciary (Pixabay)

YOGYAKARTA The procedure for vehicle withdrawal by leasing is regulated in Law Number 42 of 1999 concerning Fidusian Guarantee.

According to the law, fidusia is the transfer of ownership rights to an object based on belief with the condition that the object whose ownership rights are transferred remains under the control of the owner of the object.

Meanwhile, fiduciary guarantees are the right to guarantee for moving objects both in nature and intangible and immovable objects, especially buildings that cannot be burdened with dependent rights.

In the fiduciary agreement, two parties must be involved, namely debtors as parties who provide fiduciary and creditors as recipients of fiduciary.

When debtors default or are injured in promises, objects or vehicles that are used as fiduciary guarantees will be executed by creditors. However, the execution must follow the procedures of leasing vehicles.

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

Some interpret that the process of leasing motorized vehicles must go through the court. While others consider that based on the authority given by the law it can make its own withdrawal or unilateral.

In 2019, the decision of the Constitutional Court Number 18/PUU-XVII/2019 was issued, with the hope that there would be a uniform understanding regarding the execution of fiduciary guarantees in general and in particular the withdrawal of motorized vehicles whose loans were problematic or defaulted.

According to the decision, leasing companies are allowed to carry out executions of vehicles that are used as collateral with the following procedures:

Creditors as parties who receive fiduciary and finance motor vehicle consumers are required to register fiduciary guarantees at the fiducial registration office in order to obtain a fiduciary guarantee certificate.

According to Article 15 of Law Number 42 of 1999, the Fidusian Guarantee Certificate has the same exequatorial power as the court's decision which has obtained permanent legal force.

If a debtor is injured in his promise, a creditor or a fiduciary recipient has the right to sell objects that are the object of fiduciary guarantees for his own power.

The next leasing vehicle withdrawal procedure is to go through a number of stages, such as giving a warning or announcing the maturity of the debt.

The announcement must be notified about three or one day before the due date of repayment of the debt. So that the debtor as much as possible also does not default.

Furthermore, the creditor collects. If the debtor has passed the due date of payment of the debt of approximately 1 to 7 days, the leasing company will contact the debtor.

Meanwhile, if the payment deadline is more than 8 days to 30 days, the creditor must send a warning letter to the debtor.

The withdrawal of vehicles can be carried out by leasing if the debtor has passed two installment times.

Dalam penarikan tersebut, perusahaan leasing biasanya menggunakan jasa penagihan yang sudah bercertifikasi profesional dari lembaga yang ditunjuk APPI.

After the withdrawal process, the leasing company provides a grace period of 2 weeks for the debtor. The hope is that the debtor can redeem the vehicle. The amount that must be redeemed will be adjusted to the remaining installment arrears along with fines and interest that must be paid.

However, if the debtor does not redeem it, then the leasing company will conduct an auction on vehicles that are used as fiduciary guarantees.

That's information about vehicle withdrawal procedures by leasing. To get the latest news updates, keep listening to VOI.ID.