Terang: Jurnal Kajian Ilmu Sosial, Politik dan Hukum
Vol. 2 No. 2 (2025): Juni : Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum

Perlindungan Hukum terhadap Debitur yang Wanprestasi terhadap Penarikan Objek Kredit Tanpa Persetujuan Debitur

Leode, Roosdiana Marthina (Unknown)
Moonti, Roy Marthen (Unknown)
Ahmad, Ibrahim (Unknown)



Article Info

Publish Date
23 Jun 2025

Abstract

The development of financing practices with fiduciary guarantees in Indonesia often raises legal issues, especially regarding the unilateral withdrawal of credit objects by creditors against defaulting debtors. This action is often carried out without the consent of the debtor or a court decision, thus potentially violating the principles of justice and the principle of due process of law. This research aims to analyze the form of legal protection for debtors in a fiduciary financing agreement. The type of research used is normative juridical with an approach to legislation and court decisions. The results showed that the act of unilateral withdrawal can be categorized as a civil and criminal tort. Therefore, regulatory reform, increased legal literacy, and a fair and humanist dispute resolution mechanism are needed. It is recommended that fiduciary execution be carried out in accordance with legal procedures to protect the debtor's constitutional rights and ensure fairness in contractual relationships.

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Journal Info

Abbrev

Terang

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum in particular include the study of Communication, Politics, Government, International Relations, and Social ...