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All Journal Journal Customary Law
Siti Hartini
Universitas Muhammadiyah Sidoarjo
Law, Crime, Criminology & Criminal Justice

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Perlindungan Hukum Terhadap Kreditur dalam Pembiayaan Invoice Financing terhadap Risiko Wanprestasi Debitur dan Validitas Tagihan (invoice) sebagai Objek Jaminan Kredit Siti Hartini; Sri Budi Purwaningsih
Journal Customary Law Vol. 3 No. 3 (2026): June
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.6287

Abstract

Invoice financing is gaining popularity as an alternative option for micro, small, and medium enterprises (MSMEs) experiencing difficulties accessing loans from conventional banks. This method allows businesses to obtain funds by using invoices or accounts receivable as collateral before their maturity. However, the use of invoices as a financing tool raises legal challenges, particularly regarding their validity as collateral and legal protection for creditors from the risk of default by debtors. This study aims to analyze the forms of legal protection for creditors in the context of invoice financing in Indonesia and evaluate the legal status of invoices from the perspective of the Civil Code, particularly through the cession mechanism stipulated in Article 613 of the Civil Code. The method used in this study is a normative legal method with a legislative and conceptual approach. The research findings indicate that the cession mechanism can provide legal protection by further strengthening the creditor's position as the holder of the right to collect. However, existing legal protection is still inadequate due to the lack of comprehensive specific regulations regarding invoice-based financing. Therefore, strengthening the legal framework is essential to ensure certainty and security in invoice-based financing transactions.
Co-Authors Sri Budi Purwaningsih