Debtor Protection Research Articles

Perlindungan Hukum terhadap Pihak Debitur dalam Perjanjian Fintech (Financial Technology)

Legal protection for debtors who use standard clauses in fintech (Financial Technology) agreements and legal certainty for fintech (Financial Technology) debtors. This research is a normative research. The research approach is legislation, conceptual, case. The research method used in this study is using a legal sociology approach with an activity plan carried out in this study for 8 months. The materials used in this study are primary legal materials and secondary legal materials and use data collection techniques used in the form of inventory, systematization and interpretation which are descriptive analysis. The results of the study indicate that the issuance of Law Number 21 of 2011 concerning the financial services authority marks the significant development of legal protection for debtors. Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions in Article 18 paragraph (1) determines that Electronic Transactions are stated in an Electronic Contract that binds debtors in an agreement. So that with the existence of a binding contract, there are legal consequences for the debtors, where the debtors have rights and obligations which if violated or not fulfilled, legal action can be taken in the form of filing a lawsuit either in court or outside the court.

Legal Protection for Debtors in the Execution of Fiduciary Objects in Indonesia

In financing agreements, the phenomenon of debtors defaulting is very possible or occurs, so this causes creditors to take steps such as parate execution by using coercive debt collector services. This is justified because it is under the legal umbrella of the Fiduciary Guarantee Law. After the judicial review of Constitutional Court Decision No. 18/PUU-XVII/2019, the execution parate was abolished and the execution of fiduciary guarantee objects must be carried out by submitting a request for execution to the head of the district court, but in the case of Decision Number 157/Pdt.G/2021/Pn Skt, the judge actually rejected the plaintiff's petitum as a debtor who argued that the execution parate by the defendant (creditor) was an unlawful act. The formulation of the problem in this research is how to analyze the judge's legal considerations in determining whether the execution of fiduciary guarantees is valid in Decision Number 157/Pdt.G/2021/Pn Skt? And how is legal protection for debtors related to Constitutional Court Decision Number 18/PUU-XVII/2019? This research is included in the type of normative juridical research with a statutory approach. The purpose of this research is to determine the analysis of the judge's legal considerations in determining the validity of the execution of fiduciary guarantees in Decision Number 157/Pdt.G/2021/Pn Skt and to determine the legal protection for debtors in connection with Constitutional Court Decision Number 18/PUU-XVII/2019. The theoretical benefit of this research is a contribution to legal science, while the theoretical benefit is aimed at legal practitioners. The results of this research are that the plaintiff is not a party who voluntarily surrenders the object of the fiduciary guarantee and is not a party bound by an agreement to determine default, so the judge was wrong in rejecting the plaintiff's petitum which argued that the defendant was valid in the execution parate, and legal protection for the debtor was linked to Constitutional Court Decision Number 18/PUU-XVII/2019 is contained in Article 23 paragraph (2) and the plaintiff can take legal action to appeal solely to seek correction of the results of a decision that is considered wrong.

Control measures during the enforcement process

This paper addresses the pressing issues surrounding the current mechanisms of enforcing court decisions in Ukraine, focusing on the inefficiencies that result in a low percentage of effectively executed judgments by both the State Enforcement Service (SES) and private enforcers. The study identifies the primary problems within the enforcement system, including insufficient legislative regulation, lack of effective oversight, and limited protection of debtor's rights. The paper provides an in-depth analysis of the existing mechanisms for control and appeal in the enforcement process, highlighting judicial control under Article 74 of the Law of Ukraine "On Enforcement Proceedings". The judicial control aspect is explored through the examination of court practices in both courts that issued enforcement documents and administrative courts. The paper identifies the number of appeals related to the enforcement process and discusses the effectiveness of judicial oversight. Additionally, the paper examines the extrajudicial control mechanisms, particularly the oversight exercised by the Ministry of Justice over both state and private enforcers. The study reveals significant challenges, such as the deprivation of the debtor's right to seek extrajudicial control, and discusses the reasons behind such legislative changes, along with their positive and negative consequences. The paper also presents the findings from recent research and publications that have begun to address these issues, and highlights the aspects of the general problem that have not been previously addressed, to which this paper is dedicated. To address these challenges, the paper proposes several improvements and legislative amendments. These include enhancing judicial control by establishing clearer criteria for reviewing appeals against enforcer actions, extending court powers to mandate specific actions by enforcers, and providing compensation for damages caused by unlawful enforcement actions. In terms of extrajudicial control, the paper suggests restoring the debtor's right to appeal to the Ministry of Justice, implementing a pre-screening mechanism to filter out baseless complaints, and strengthening the Ministry's monitoring capabilities.

Legal Protection for Debtors in Online Transactions: Evaluating Safeguards in E-Commerce

This study aims to examine the legal protection afforded to consumers in electronic commerce transactions. Consumer protection is crucial for ensuring legal certainty in online transactions. The research adopts a normative legal research approach to assess the effectiveness of the protection provisions outlined in Law No. 19/2016. The study identifies two primary concepts of legal protection in the context of electronic transactions: preventive legal protection and repressive legal protection. Preventive legal protection encompasses measures designed to prevent potential harm to consumers before transactions occur. In contrast, repressive legal protection involves legal actions taken to address and resolve disputes arising from violations in electronic transactions. The findings indicate that these two concepts of legal protection are complementary in creating a secure and fair environment for electronic commerce. Preventive legal protection aims to provide consumers with a sense of security by ensuring that service and product providers adhere to established standards before transactions take place. On the other hand, repressive legal protection ensures that consumers have mechanisms to seek justice if violations or damages occur post-transaction. This research offers insights into the current regulatory effectiveness and underscores the need to strengthen legal protection mechanisms to address challenges emerging from technological advancements. It highlights that in the rapidly evolving digital era, regulations and legal protections must swiftly adapt to new forms of electronic commerce. Strengthening legal protections will not only enhance consumer trust but also promote healthier and more sustainable growth in the digital economy.

Legal Protection of Debtors for Fiduciary Collateral Objects Whose Debts Have Been Paid Off Based on the Fiduciary Guarantee Law and Government Regulation Number 21 of 2015

Fiduciary Guarantee is an accessory agreement that follows the principal agreement it guarantees. If the principal agreement ends, the Fiduciary Guarantee agreement also ends. However, the recording of the encumbrance and granting of the Fiduciary Guarantee contained in the Fiduciary Guarantee Register Book at the Fiduciary Registration Office can be crossed out or deleted (roya) if requested by the Fiduciary Beneficiary (Article 25 paragraph (3) of Law No. 42/1999 on Fiduciary Guarantee). Legal protection is provided in the event of full repayment or repayment of the debt secured by the Fiduciary Guarantee Object. Based on Article 25 paragraph (1) of Law No. 42/1999, this is one of the reasons for fiduciary abolition. The Fiduciary is obliged to notify the abolition of the Fiduciary Guarantee to the Fiduciary Registration Office so that the Fiduciary Guarantee can be removed from the Fiduciary Guarantee Register Book. The nature of the Fiduciary Guarantee depends on the existence of the receivables whose repayment is guaranteed. If the receivables are written off due to debt repayment or disposal, the related Fiduciary Guarantee is automatically deleted. If the Creditor does not perform the deletion, the Debtor may take legal action, either through litigation or non-litigation. An obstacle to legal protection for the Fiduciary is if the Fiduciary does not complete the Fiduciary Guarantee Certificate online. Law No. 42/1999 and its implementing regulation, PP No. 21/2015, do not include sanctions for the Fiduciary or its representative if the Fiduciary Guarantee Certificate is not done. This results in no legal certainty over the object of the Fiduciary Guarantee if the Fiduciary does not perform it, because the object used as collateral remains registered with the Ministry of Law and Human Rights and the Fiduciary Guarantee Certificate is still considered valid and cannot be re-registered in accordance with Article 17 paragraph (2) of Government Regulation No. 21 of 2015.

Perlindungan Hukum Terhadap Debitor Terhadap Penarikan Objek Jaminan Yang Masih Terikat Dalam Hubungan Perlindungan Angsuran Kreditur Debitur

Finance companies in providing financing credit to their consumers use a Fiduciary guarantee system. Legal protection for debtors upon withdrawal of fiduciary collateral objects following the constitutional court decision Number 2/PUU-XIX/2021 has been regulated in a preventive and repressive manner. Preventively, legal protection for debtors upon withdrawal of fiduciary collateral objects has been regulated in the provisions of the Fiduciary Guarantee Law which was then confirmed in the Regulation of the Minister of Finance of the Republic of Indonesia Number 130/PMK.010/2012. Apart from that, preventive protection is also emphasized in the Constitutional Court Decision Number 2/PUU-XIX/2021 in conjunction with the Constitutional Court Decision 18/PUU-XVII/2019. If the debtor objects to having his vehicle taken, the leasing party or debt collector may not take the vehicle by force. This vehicle may be taken if there has been a court decision with permanent legal force. What the public needs to know is that the way to enforce unlawful acts committed by consumers who are in arrears on motor vehicle loans is by applying for execution in court, not by being taken by force. as for how to deal with Finance business actors and Debt Collectors who carry out their work.

Exclusion of the Debtor’s Property from the Bankruptcy Estate as a Guarantee of Protection of Debtor’s Property and Personal Non-Property Rights

Exclusion of the Debtor’s Property from the Bankruptcy Estate as a Guarantee of Protection of Debtor’s Property and Personal Non-Property Rights

CONSUMER PROTECTION AGAINST DEBTORS ON THE TRANSFER OF MORTGAGE RIGHTS VIA CESSIE

Disparities in financial capabilities in society have resulted in many credit agreements being entered into between consumers as debtors and banks as creditors or lenders, which are also accompanied by collateral in the form of mortgage rights which are used as collateral for payment of receivables by the debtor if he is unable to pay his debts to the creditor. The scope related to credit agreements is increasingly expanding when the model develops that credit agreements can be transferred to third parties through a cessie or receivable transfer agreement which of course poses risks for both creditors and debtors because in principle, when receivables are transferred to the cessie buyer, then the mortgage rights as collateral are also also transferred, including in terms of claim rights by new creditors. Therefore, this issue is interesting to discuss from the perspective of debtor protection as consumers of banking institutions, especially regarding the procedures and requirements that need to be understood regarding the transfer of mortgage collateral through a cessie or receivable transfer agreement. Apart from that, debtors also need to know what legal remedies can be submitted if the credit agreement or receivable transfer procedure causes losses for the debtor. In this research, the author uses a normative juridical research method using literature study and a legal approach. The results of the research show that based on the Consumer Protection Law and Financial Services Authority regulation, the Debtor as a consumer has the right to know clear and accurate information regarding the procedures and requirements of credit agreements including receivable transfer or cessie agreements and the legal consequences for the mortgage rights which he uses as collateral, including filing a complaint and/or legal remedies in litigation and non-litigation as long as he feels disadvantaged. The government needs to aggressively carry out outreach regarding all applicable regulations regarding credit agreements.

Legal Protection for Debtors in the Pre-Project System of Sale of Credit Agreements Ownership of Apartments

<p>This research aims to find out the validity of the apartment ownership credit agreement (KPA) with PPJB as collateral and legal protection for debtors if the developer of the pre-project selling system defaults. This research is motivated by cases of developers of pre-project selling systems that default and cause losses to consumers who have been bound in KPA with the bank. This research is needed because there are no regulations governing PPJB as collateral and there is an imbalance of power between the debtor and the creditor because of a standard agreement. The discussion on this topic has not been comprehensively explained in previous studies. This research uses normative legal research with a statutory approach with data collection techniques in the form of a literature study. The results show that PPJB as collateral is not ideal, but it does not affect the validity of the KPA agreement. Then, in terms of legal protection for debtors who are harmed by developers, they can refer to Law 8 of 1999 concerning Consumer Protection because the position of debtors is equated with consumers.</p>

Hak Tanggungan Secara Cross Collateral dalam Penyaluran Kredit

The law must be able to provide adequate protection against variations in the provision of collateral for credit facilities. This variation and legal protection relates, among others, to the existence of cross collateral in credit collateral. The type of research or approach taken is empirical legal research while the nature of the research carried out is categorized as descriptive-analytical research. Required special rules governing cross collateral. This is necessary to provide legal certainty and legal protection for both creditors and debtors in entering into credit agreements, especially if the agreements use cross collateral collateral.

Hak Tanggungan Secara Cross Collateral dalam Penyaluran Kredit

The law must be able to provide adequate protection against variations in the provision of collateral for credit facilities. This variation and legal protection relates, among others, to the existence of cross collateral in credit collateral. The type of research or approach taken is empirical legal research while the nature of the research carried out is categorized as descriptive-analytical research. Required special rules governing cross collateral. This is necessary to provide legal certainty and legal protection for both creditors and debtors in entering into credit agreements, especially if the agreements use cross collateral collateral.

Perlindungan Hukum Bagi Debitur: Menggali Aspek Eksekusi dan Jaminan Fidusia

In the Fiduciary Guarantee Law, there are provisions regarding the execution of fiduciary guarantee objects in article 15. Initially, the Fiduciary Guarantee Law gave executorial power to fiduciary guarantee certificates. This means that creditors can execute fiduciary collateral objects without going to court. However, this provision has been canceled by the Constitutional Court in Decision Number 18/PUU-XVII/2019. The Constitutional Court's decision states that the provisions regarding the executorial power of fiduciary guarantee certificates are contrary to the 1945 Constitution of the Republic of Indonesia. This is because these provisions give too broad authority to creditors to execute fiduciary collateral objects without going through court. For this reason, it is necessary to know the legal protection for debtors because in fiduciary guarantees, creditors are superior to debtors. This research method uses a normative method with a statutory approach.

Power of Power To Sell as Collateral Confiscation In Debt Repayment Based on The Debt Recognition Deed

The purpose of this study is to determine the power of power to sell as collateral confiscation in debt repayment based on the debt recognition deedDeed of Debt Recognition is a deed made by a notary in the form of a Grosse Deed containing the irah-irah "For Justice Based on the One and Only God" which means it has the same executory power as the Court Decision. However, in practice the Deed of Debt Recognition is made followed by the preparation of the Deed of Power of Attorney to Sell as a new deed, even though one form of legal protection outside of the guarantee institution is the making of the Grosse Deed of Debt Recognition. Thus, it is interesting to study further why the use of the power to sell is used as a guarantee for debt repayment under the Deed of Debt Recognition is more desirable and how the form of legal protection for debtors defaults and settlement of disputes arising from the Deed of Power to Sell. This research uses normative legal research types and qualitative methods. The result of the study is that the parties prefer to use the Power of Attorney to Sell because it does not go through a long procedure, does not take time and does not incur more costs. The legal protection obtained by the defaulting debtor is to obtain the remaining proceeds from the sale of collateral and the selling price of the collateral which must not be below the value of the collateral that should be, and the creditor must not have a collateral object if the debtor defaults.

Legal Protection Against Home Ownership Credit Debtors with the Flexibility of Banking Policies in Credit Agreements without the Creditor's Permission

Introduction: The Job Creation Law's implementation in 2023 will significantly alter corporate rivalry and investment, particularly in the housing industry. This modification attempts to take into account the changing circumstances that both customers of housing and creditors or housing providers must deal with. Law Number 1 of 2011 further stipulates that all Indonesians in middle-class and lower-class economic categories must have access to livable housing. Objective: This article's goals are to clarify the legal ramifications of moving credit with collateral as a home ownership credit object without the creditor's consent and to outline the legal safeguards available to new home ownership credit (KPR) debtors in Medan who are still obligated to their banks by collateral. Methods: The laws and rules governing the distribution and financing of house ownership credit (KPR) in Indonesia are examined using a comparative legal analysis in this article. The efficacy of these regulatory actions is assessed by the author from a formal legal standpoint. The qualitative parameters of agreement laws in house ownership credit (KPR) are included in this study, along with the degree of legislative and banking policy development in Indonesia with regard to KPR financing. Results: Based on the analysis of the Court Decision, the research results demonstrate that credit transfers without the creditor's consent, which are frequently done in society, can be said to be legally valid as long as there are no parties who are disadvantaged and the new debtor has good faith intentions to uphold the rights and obligations of a determined contract. When a credit transfer is done without the consent of the creditor or notary, it is considered legally void and loses legal protection in the event that the new debtor breaches the terms of the agreement between the old and new debtors. Additionally, the new debtor's failure to fulfill their obligations demonstrates their lack of good faith. Conclusion: A policy regarding the validity of transferring home ownership credit (KPR) without the creditor's permission with provisions that do not cause losses to either the creditor or the new debtor should be developed in order to address the issue of legal protection for debtors of KPR who transfer without the creditor's consent.

Legal Problems of the Personal Financial Debtor Protection Bill - Focusing on the Reasons and General Rules for Proposal -

Legal Problems of the Personal Financial Debtor Protection Bill - Focusing on the Reasons and General Rules for Proposal -

Perlindungan Hukum Debitur Perbangkan Akibat Wanprestasi Perjanjian Kredit Masa Pandemi

This study is to determine what kind of efforts are obtained legally against bank customers in bad credit problems during the pandemic and whether execution is a final solution in a bad credit problem, using normative legal research methods, it was concluded that the protection of debtors who have access to credit facilities during the Covid-19 pandemic includes; First, the government issued a policy in the form of Presidential Regulation No. 12 of 2020, which concerns the determination of Corona virus disease in natural disasters nationally in 2019. The spread of natural disasters (Covid-19). Regulation of the Financial Services Authority of the Republic of Indonesia Number 11/POJK.03/2020, . regarding the impact of the national economic stimulus counter cyclical policy on the spread of the corona virus disease in 2019, by itself Law No. 8 of 1999 Consumer legal protection, including debtors, is guaranteed according to the provisions. 2. The bank's actions in assisting the settlement of bad loans during the Covid-19 pandemic have several stages, so legal protection to debtors applies, so banks do not necessarily execute debtors' collateral or guarantees. However, banks provide settlement solutions to bad debtors so that the ability to pay the stuck debtors will slowly return to normal during this pandemic, so that the bad collectibility can become smooth, namely through the Restructuring process.

Redefining Bankruptcy Law: Incorporating the Principle of Business Continuity for Fair Debt Resolution

This study critically examines the inadequacies of the current Indonesian Bankruptcy Law, highlighting the conflicting nature of its debtors' insolvency declaration mandate, as stated in Article 2, verse (1). The research explores the philosophical basis of incorporating the principle of business continuity into future bankruptcy regulations to ensure fair, rapid, transparent, and efficient debt resolution for both debtors and creditors. Employing a normative legal research methodology, the paper investigates the inherent values of justice, legal certainty, and interests, along with general and bankruptcy principles. The study posits that the essence of bankruptcy law is not merely to protect creditors but also to ensure the survival and continuity of debtor businesses. The findings reveal that existing bankruptcy procedures, including insolvency examinations and financial report analysis, could be refined to better safeguard debtor businesses. This paper argues that an explicit elaboration of the business continuity principle in bankruptcy legislation could promote balanced legal protection in insolvency proceedings. The implications of this research can guide legislative reforms, ensuring a more equitable and efficient debt resolution process in the Indonesian bankruptcy system.Highlights:
 
 The current Indonesian Bankruptcy Law struggles with issues of fairness and efficiency in resolving debt problems.
 The principle of business continuity should be explicitly incorporated into bankruptcy legislation to ensure balanced protection for both debtors and creditors.
 Legal examination mechanisms, such as insolvency examinations and financial report analysis, could be further refined to safeguard debtor businesses more effectively.
 
 Keywords: Indonesian Bankruptcy Law, Debt Resolution, Business Continuity, Normative Legal Research, Legal Protection.

PERLINDUNGAN HUKUM KREDITUR DAN DIBITUR MENURUT UNDANG-UNDANG NOMOR 21 TAHUN 2008 TENTANG PERBANKAN SYARIAH

This research aims to find out and analyse the legal protection of creditors and debtors according to law number 21 of 2008 concerning sharia banking. In this research, the researcher formulated the problem, what is the form of legal protection for creditors and debtors in sharia banking, and how to implement prudential principles in anticipating bad credit in sharia banking. This research requires normative juridical research which researchers carry out by examining library materials or secondary data. In this research, a statutory approach is used which is related to the principle of prudence in sharia banking. According to Law no. 21 of 2008 concerning Sharia Banking. Next, using conceptual (conceptual approach) is used to examine general points of view and principles that apply in law, such as literature or references that are relevant to the research object. The research results show that the banking principle of prudence is a principle that is anticipatory in preventing the possibility of banks suffering losses in distributing funds to customers, then the principle of prudence in carrying out its business activities and is obliged to uphold and adhere to this principle further if in In the most common case, such as a debtor stumbling over bad credit, resolution efforts can be taken in two ways, namely litigation efforts through the courts, and non-litigation efforts through preventive efforts, namely actions to anticipate the emergence of bad credit, early warnings, and negotiation efforts.

PERLINDUNGAN HUKUM TERHADAP DEBITUR PADA LAYANAN PINJAMAN UANG BERBASIS FINANSIAL TEKNOLOGI DALAM PERSPEKTIF HUKUM PERDATA

This research is motivated by the existence of problems in society that are difficult to solve. On the one hand, the community's economic downturn has resulted in them looking at other types of illegal loans. On the other hand, fintech actors take advantage of the situation and conditions of society so that they are trapped by debts and receivables with abnormal interest. Collection methods that are beyond humane limits are disturbing the people who use these loans. Therefore, the author must carry out further studies regarding legal protection for debtors who use illegal online money lending services. The aim of this research is to analyze and examine legal protection for debtors in illegal online money lending services. To analyze and study the legal settlement process undertaken by debtors in Illegal Online money lending services. The method used is normative juridical. The normative juridical approach method is a legal research technique that involves examining library materials (secondary data) using a statutory approach, namely an approach that uses statutory regulations which are useful as a research medium. Apart from that, it uses a conceptual approach, which requires legal concepts as a starting point for research into current legal problems.

Analisis Yuridis Keabsahan Perjanjian Pinjaman Online Spinjam Pada Aplikasi Shopee Berdasarkan Kitab Undang-Undang Hukum Perdata

In this research the author raised the title "Judicial Analysis of the Validity of Online Loan Agreement on the Shopee Application". The purpose of this research is to find out the problems that will be examined in this thesis are: How is the validity of online loan agreements based on the provisions of the Civil Code and what is the legal protection for debtors and creditors when using online loan agreement on the Financial Technology-based Shopee application. The research method used is normative-empirical law and the specifics used in this research are descriptive analysis. Based on research results, legally, fintech agreements remain valid if they meet subjective and objective requirements. On the other hand, the fintech agreement is made by the organizer, not made by the parties as users. in fintech agreements. If the agreement fulfills these elements, then the fintech agreement is valid according to law. Legal protection for parties in the implementation of online-based money lending and borrowing includes preventive and repressive legal protection, where preventive law is based on its implementation before a dispute occurs. Meanwhile, repressive legal protection is carried out after a dispute occurs.