ANALISIS PUTUSAN PERJANJIAN PEMBIAYAAN KENDARAAN: IMPLIKASI HUKUM DAN EKSEKUSI JAMINAN FIDUSIA

Abstract

Financing agreements are essential instruments in modern economic transactions, allowing individuals and legal entities to acquire goods or services through installment schemes. In vehicle financing, fiduciary security serves as a key legal mechanism that protects creditors from debtor default by enabling out-of-court collateral repossession. However, fiduciary execution in practice often faces obstacles such as debtor resistance, legal interpretation discrepancies, and limited public awareness regarding fiduciary rights and obligations. This study explores the strategic role and legal dynamics of fiduciary security in vehicle financing, emphasizing execution-related challenges. Using a normative qualitative method and a case study of Central Jakarta District Court Decision No. 506/Pdt.G/2024/PN Jkt.Pst, the research examines the shift from a classical normative legal approach to a more humanistic framework, particularly following Constitutional Court Decision No. 18/PUU-XVII/2019. The findings aim to provide a comprehensive understanding of fiduciary law development and its implications for financing practices.