Journal of Law Science
Vol. 7 No. 4 (2024): October: Law Science

Lelgal analysis of velhiclel seizure by debt collectors based on constitutional court decision 18/PUU-XVII/2019

Shalwa Shalsabila (Universitas Bina Bangsa, Indonesia)
Sulkiah Hendrawati (Universitas Bina Bangsa, Indonesia)
Wahyudi Wahyudi (Universitas Bina Bangsa, Indonesia)



Article Info

Publish Date
30 Oct 2025

Abstract

This study analyzes the legality of motor vehicle repossession by debt collectors under fiduciary agreements following Constitutional Court Decision No. 18/PUU-XVII/2019. Unilateral repossession practices by financing companies through third parties often result in violations of debtor rights, legal disputes, and social unrest. The research employs a normative juridical method with a statutory approach, court decision analysis, and legal literature review to evaluate its conformity with the principle of legal protection. The purpose of this study is to explain the legal implications of Constitutional Court Decision No. 18/PUU-XVII/2019 on the enforcement mechanism of fiduciary guarantees and to assess the extent to which debtor protection can be realized without neglecting creditors’ rights. The findings show that repossession without debtor consent or court authorization contradicts Article 15 of the Fiduciary Guarantee Law and the principle of due process. Recommendations include regulatory strengthening, debt collector certification, and the implementation of responsive laws to prevent arbitrary repossession practices.

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Journal Info

Abbrev

JLS

Publisher

Subject

Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law Science is a journal aims to be a peer-reviewed platform and an authoritative source of information. We publish original research papers, review articles and case studies focused on law and judiciary as well as related topics. All papers are peer-reviewed by at least one referee. JHP ...