Suwandi Wiratno as the Chairperson of APPI said that the Constitutional Court's decision on Fiduciary Number 18 / PUU-XVII / 2019 actually actually clarified and reinforced Article 15 of Law No. 42 of 1999 concerning Fiduciary Guarantee.
During this time many publics are still trapped in the confusion of the fate of bad creditors after the Constitutional Court's decision dated January 6, 2020 that fiduciary rights holders (leasing) may not carry out their own executions but must submit requests for execution to the PN.
The public needs to know and re-understand the MK's decision as a whole. Because there is still wide room to execute bad credit guarantees.
According to Suwandi, as long as the debtor recognizes the default and voluntarily surrenders the object that becomes the object in the fiduciary agreement, then it becomes the full authority for the creditor to be able to carry out his own execution.
He also emphasized in the Constitutional Court's decision that it also stated that between the debtor and creditor there must be an agreement in advance to determine the conditions related to the default.
"So there is a prior agreement, how much is the loan, the price of interest to be paid, the time period, the deadline for installment payments. What if you don't pay the installments and how much the penalty is, "he said.
So if in the Fiduciary agreement, the initial stage had already been agreed that if the Default / injury was promised there would indeed be an execution or a forced attempt. finance customers have voluntarily agreed to all agreements before the loan agreement for the purchase of motorized vehicles.
In the agreement, it has also been affirmed if the customer or the purchaser of the vehicle does not pay its credit obligations, it falls into the category of default or contractual injury, so that the finance company can execute according to established procedures.
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