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Rudhanto, Albertus Wahyu
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Social Sciences

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Legal Protection for Creditors as Holders of Fiduciary Rights Against Unlawful Transfer of Motor Vehicles by Debtors in Financing Agreements Simangunsong, Daniel P; Setiono, Joko; Rudhanto, Albertus Wahyu
Jurnal Greenation Sosial dan Politik Vol. 3 No. 3 (2025): Jurnal Greenation Sosial dan Politik (Agustus - Oktober 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i3.428

Abstract

Motor vehicle financing agreements with fiduciary guarantees are a common practice in consumer financing in Indonesia. In practice, debtors often transfer the fiduciary object, such as a motor vehicle, to a third party without the written consent of the creditor, which is contrary to the provisions of Article 23(2) of Law No. 42 of 1999 on Fiduciary Security. Such actions not only violate the agreed-upon agreement but also constitute unlawful acts and may even be classified as criminal embezzlement as stipulated in Article 36 of the Fiduciary Law and Article 372 of the Criminal Code. This study aims to analyze the forms of unlawful transfers, the legal consequences for the debtor, and the legal protections available to the creditor as the holder of the fiduciary right. The methodological approach used is a normative legal analysis, with primary and secondary legal sources including legislation, doctrine, and court rulings. The analysis indicates that legal protection is available both preventively through fiduciary registration and contract clauses, and repressively through civil lawsuits and criminal reports. However, the implementation of legal protection still faces obstacles, including weak law enforcement, low legal literacy among the public, and the suboptimal role of law enforcement officials. Therefore, efforts are needed to enhance the effectiveness of legal protection through regulatory updates and legal education for the public to prevent further violations of fiduciary collateral.
Juridical Analysis of the Flexibility in Procurement Procedures For Goods and Services During the Covid-19 Emergency Period From the Perspective of Administrative Law and the Risk of Abuse of Authority Sekali, Gidion Karo; Setiono, Joko; Rudhanto, Albertus Wahyu
Jurnal Greenation Sosial dan Politik Vol. 3 No. 3 (2025): Jurnal Greenation Sosial dan Politik (Agustus - Oktober 2025)
Publisher : Greenation Publisher & Yayasan Global Resarch National

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i3.444

Abstract

The COVID-19 pandemic prompted the government to take swift action in meeting public needs through emergency procurement of goods and services. In such situations, procurement procedures do not follow standard mechanisms, but instead are granted flexibility specifically regulated through instruments such as Presidential Regulation Number 16 of 2018 in conjunction with Presidential Regulation Number 12 of 2021, as well as LKPP Regulation Number 13 of 2018. This study aims to analyze the legality of such procedural flexibility during emergencies from the perspective of administrative law and to examine the potential for abuse of authority that may arise. A normative juridical approach is used to examine the relevance of general principles of good governance (AUPB), such as proportionality, accountability, and transparency, as stipulated in Law Number 30 of 2014 on Government Administration. The analysis reveals that while procedural flexibility in emergency situations is normatively justified, weaknesses in oversight and limited technical guidance open opportunities for irregularities, such as mark-up practices, direct appointments without real needs, and conflicts of interest. The absence of clear limits on discretionary power also poses a risk of abuse of power. Therefore, there is a need to strengthen regulations, enhance the capacity of procurement personnel, and optimize risk-based oversight technologies to ensure accountability at every stage of emergency procurement. This study is expected to contribute to the formulation of more adaptive procurement policies that remain grounded in the principles of administrative law, ensuring justice and legal certainty.
Co-Authors JOKO SETIONO Sekali, Gidion Karo Simangunsong, Daniel P