PERLINDUNGAN HUKUM TERHADAP PT. PEGADAIAN (PERSERO) DALAM HAL BARANG JAMINAN GADAI BUKAN MILIK DEBITUR
Abstract: Pawnshop is a
State-Owned Enterprise (SOE). Pawnshops give credit to thecommunity by Quick
and Safe Credit (KCA). Giving credit of course must beaccompanied by the
provision of a guarantee as repayment of loans granted tothe debtor. The
collateral is in the form of moving objects. The collateral canbe derived from
belonging ofa debtor or the one that does not belong to the debtor. However, if
the collateral does not belong to the debtor has problems;the pawnshop can
suffer losses so it should receive legal protection. The issuesraised were:
Firstly; about how arrangements regarding legal protection against PT.
Pegadaian (Persero) in terms of the collateral pledge not belong to the debtor.
Second; about what the legal settlement isif the objectdoes not belongto the
debtor’s pledge collateral. The research method used is the empiricalmethod
whose research object of study includes the implementation of normativelegal
provisions in action / in abstracto on each legal event taken place in thecommunity
(in concreto).The results showed that the legal protection was given to
Pawnshop if collateral pledge did not belong to the debtor in general which can
be found in Article 1131 and Article 1132 of the Civil Code which states thatall
the materials of a debtor becomes the liability of all individual agreement,
thematerial becomes joint collateral for all people who lend him some money,
the sales revenue is divided according to the balance and the size of the
receivablesunless there are legitimate reasons to take precedence. Settlement
of the objectthat did not belong to the debtor’s pledge came from the report
loss from a pawn object owner who wanted to reclaim the object that wasused as
collateral withregard to deadline to reclaim, i.e. not more than 3 years since
the loss or theft ofitems used as collateral. The owner of the pawn object can
take legal procedures by making a report to the police so that it can proceed
to court.
Penulis: Ida Ayu Gede
Narasanti
Kode Jurnal: jphukumdd160289
