ABD RAHMAD
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Pertimbangan Hakim Menjatuhkan Putusan Tidak Dapat Diterima (Niet Ontvankelijke Verklaard) Dalam Perkara Wanprestasi Di Pengadilan Negeri Padang Kelas 1A (Studi Putusan Perkara No. 92/Pdt.G/2023/PN PDG) ABD RAHMAD; Bambang Hermanto
Normative Jurnal Ilmiah Hukum Vol 13 No 1 (2025): Normatve: jurnal ilmiah hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

In the civil law system, a civil lawsuit can be filed by a party who feels aggrieved by an act committed by another party. The lawsuit filed by the plaintiff named Nova Sikma Yenti to the Padang District Court alleges an unlawful act for the defendant's installation of a banner that reads "for sale" on the object of the case, but the Defendant in his exception explained that the legal relationship between the plaintiff and the defendant is a credit legal relationship with the number PK.011/NG//KPR-MG/07-2018 dated July 30, 2018. With a bad credit status, the defendant auctioned the object of the a quo case to return the plaintiff's remaining debt. The research method used in this study is normative juridical, namely an approach carried out by studying laws and regulations. The results of this study indicate that, the Padang District Court Decision in its decision stated that the plaintiff's lawsuit was unacceptable (niet ontvankelijke verklaard) because when the panel of judges conducted a local inspection, a banner was found which was actually admitted to being installed by the plaintiff even though they still argued that the defendant had previously installed the banner. because there is a discrepancy between the plaintiff's argument and what was found by the panel of judges. As emphasized in the Supreme Court Jurisprudence Number: 1112.K/Sip/1967 stating that a claim that is not in accordance with the legal event (rechtfeiten) which should be the basis for the lawsuit, then such a claim must be declared unacceptable"
Perjanjian Pembiayaan Mobil Bekas Antara Konsumen Dengan Pt.Armada Finance Cabang Padang Abd Rahmad; Deddy Fernanda
Normative Jurnal Ilmiah Hukum Vol 13 No 2 (2026): Normative: Jurnal Ilmiah Hukum
Publisher : Fakultas Hukum Universitas Tamansiswa Padang

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Abstract

Consumer financing agreements are formed based on the principle of freedom of contract, which creates rights and obligations between financing companies as creditors and consumers as debtors. Such agreements are regulated under Article 1313 of the Indonesian Civil Code, which defines an agreement as a legal act whereby one or more persons bind themselves to one or more other persons. In practice, consumer financing agreements are widely applied in credit-based purchases of used motor vehicles, one of which is implemented by PT. Armada Finance Padang Branch, which provides used car financing facilities to the public. This research addresses three main issues: (1) the implementation of used car consumer financing agreements between consumers and PT. Armada Finance Padang Branch; (2) obstacles encountered in the implementation of such agreements; and (3) efforts undertaken to overcome these obstacles. The research method employed is a sociological juridical approach, with data collected through document studies and interviews. The results indicate that the implementation of the consumer financing agreement involves several stages, namely the application process, consumer survey, reporting and preparation of customer profiles, submission of proposals to the credit committee, credit decision-making, contractual binding, delivery of the used vehicle, installment payment period, payment monitoring or collection, and the retrieval of the Vehicle Ownership Certificate (BPKB). The main obstacles faced include delays in installment payments by consumers and unlawful actions by consumers who pledge or sell the financed vehicle to third parties without the consent of the financing company. Efforts to overcome these obstacles are carried out through the application of Collection Management or Account Receivable (A/R) Management, which serves as a systematic process to manage receivables in order to prevent and minimize potential losses arising from delayed consumer payments.