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Sentot Iman Setiaji
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Religion Humanities Economics, Econometrics & Finance Education Social Sciences

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Pelindungan Hukum dalam Eksekusi Kendaraan pada Program Kepemilikan Kendaraan Karyawan Sentot Iman Setiaji; Iran Sahril; Yudha Cahya Kumala
Student Research Journal Vol. 4 No. 4 (2026): Agustus: Student Research Journal
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/srj-yappi.v4i4.2893

Abstract

The Employee Vehicle Ownership Program is an internal company policy that provides vehicle financing facilities through an installment mechanism. In practice, vehicles under this program are not bound by fiduciary security as regulated by Law of the Republic of Indonesia Number 42 of 1999 concerning Fiduciary Security. This study examines the legal consequences of vehicle repossession without fiduciary security and the legal protection afforded to employees from civil and security law perspectives. The theories used are the Theory of Legal Consequences according to R. Soeroso, the Theory of Legal Protection according to Sudikno Mertokusumo, and the Theory of Security Law according to Salim HS. This study employs a Normative Juridical method supported by interviews, using a Statutory Approach. Legal materials were collected by identifying and inventorying legislation, books, journals, and other legal sources and analyzed through grammatical and systematic interpretation. The findings show that repossession without valid fiduciary security has no executorial basis, making the company a concurrent creditor under Articles 1131 and 1132 of the Indonesian Civil Code. Unilateral repossession without a fiduciary certificate or court ruling contradicts fair legal process and Constitutional Court Decision Number 18/PUU-XVII/2019.
Co-Authors Iran Sahril Yudha Cahya Kumala