{"title":"关于消费者融资协议中受托人担保对象的法律分析(PT.WOM FINANCE的研究,Tbk)","authors":"Anita Servia Nababan","doi":"10.34012/jihap.v4i1.1634","DOIUrl":null,"url":null,"abstract":"PT. WOM Finance, Tbk. is one of the companies operating in motorcycle financing. PT. WOM Finance, Tbk. cannot be separated from debtor’s/consumer’s default or the disappearance of motorcycles/security object. It copes with the risk by making a financing agreement consisting of primary agreement and the other supporting agreement such as loan agreement, fiduciary agreement, power of attorney and insurance. The objective of this research is to discover the mechanism of consumer finance, debtor’s liability for default, and legal protection for creditor in case of disappearance of fiduciary security object in which the debtor has defaulted earlier.This is an analytical prescriptive research with normative juridical method. It is conducted by studying references or secondary data including legal norms in the prevailing laws and regulation or documents related to the juridical consequences i.e. disappearance of security object in consumer finance agreement in PT. WOM Finance, Tbk. in order to answer the research problems.The results of the research discover the finance mechanism in PT.WOM Finance, Tbk. in general, the financing starts from an application and ends with the execution of the agreement. The defaults performed by a debtor causes legal consequences for the debtor themselves. In case the fiduciary security object disappears when the debtor has defaulted earlier, the creditor does not only obtain legal protection from the Consumer Finance Agreement, but it also gains the protection from Insurance Agreement.","PeriodicalId":322379,"journal":{"name":"Ilmu Hukum Prima (IHP)","volume":"1984 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2021-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"ANALISIS YURIDIS AKIBAT HUKUM MUSNAHNYA OBJEK JAMINAN FIDUSIA DALAM PERJANJIAN PEMBIAYAAN KONSUMEN (STUDI DI PT.WOM FINANCE, Tbk )\",\"authors\":\"Anita Servia Nababan\",\"doi\":\"10.34012/jihap.v4i1.1634\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"PT. WOM Finance, Tbk. is one of the companies operating in motorcycle financing. PT. WOM Finance, Tbk. cannot be separated from debtor’s/consumer’s default or the disappearance of motorcycles/security object. It copes with the risk by making a financing agreement consisting of primary agreement and the other supporting agreement such as loan agreement, fiduciary agreement, power of attorney and insurance. The objective of this research is to discover the mechanism of consumer finance, debtor’s liability for default, and legal protection for creditor in case of disappearance of fiduciary security object in which the debtor has defaulted earlier.This is an analytical prescriptive research with normative juridical method. It is conducted by studying references or secondary data including legal norms in the prevailing laws and regulation or documents related to the juridical consequences i.e. disappearance of security object in consumer finance agreement in PT. WOM Finance, Tbk. in order to answer the research problems.The results of the research discover the finance mechanism in PT.WOM Finance, Tbk. in general, the financing starts from an application and ends with the execution of the agreement. The defaults performed by a debtor causes legal consequences for the debtor themselves. In case the fiduciary security object disappears when the debtor has defaulted earlier, the creditor does not only obtain legal protection from the Consumer Finance Agreement, but it also gains the protection from Insurance Agreement.\",\"PeriodicalId\":322379,\"journal\":{\"name\":\"Ilmu Hukum Prima (IHP)\",\"volume\":\"1984 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-04-30\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Ilmu Hukum Prima (IHP)\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.34012/jihap.v4i1.1634\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Ilmu Hukum Prima (IHP)","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.34012/jihap.v4i1.1634","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
摘要
PT. WOM Finance, Tbk是一家从事摩托车融资的公司。PT. WOM Finance, Tbk离不开债务人/消费者的违约或摩托车/安全对象的消失。它通过制定融资协议来应对风险,该融资协议由主要协议和其他辅助协议组成,如贷款协议、信托协议、授权书和保险。本研究的目的在于发现消费者金融的机制、债务人的违约责任,以及债务人违约在先的信义担保对象消失时债权人的法律保护。这是一项运用规范法学方法的分析性规定性研究。它是通过研究参考文献或二手资料进行的,包括现行法律法规中的法律规范或与PT. WOM finance, Tbk的消费金融协议中担保对象消失等法律后果相关的文件。为了回答研究问题。研究结果揭示了公司财务管理的融资机制。一般来说,融资从申请开始,以协议的执行结束。债务人的违约行为对债务人本人造成法律后果。当债务人提前违约而导致信义担保对象消失时,债权人不仅获得了《消费金融协议》的法律保护,还获得了《保险协议》的保护。
ANALISIS YURIDIS AKIBAT HUKUM MUSNAHNYA OBJEK JAMINAN FIDUSIA DALAM PERJANJIAN PEMBIAYAAN KONSUMEN (STUDI DI PT.WOM FINANCE, Tbk )
PT. WOM Finance, Tbk. is one of the companies operating in motorcycle financing. PT. WOM Finance, Tbk. cannot be separated from debtor’s/consumer’s default or the disappearance of motorcycles/security object. It copes with the risk by making a financing agreement consisting of primary agreement and the other supporting agreement such as loan agreement, fiduciary agreement, power of attorney and insurance. The objective of this research is to discover the mechanism of consumer finance, debtor’s liability for default, and legal protection for creditor in case of disappearance of fiduciary security object in which the debtor has defaulted earlier.This is an analytical prescriptive research with normative juridical method. It is conducted by studying references or secondary data including legal norms in the prevailing laws and regulation or documents related to the juridical consequences i.e. disappearance of security object in consumer finance agreement in PT. WOM Finance, Tbk. in order to answer the research problems.The results of the research discover the finance mechanism in PT.WOM Finance, Tbk. in general, the financing starts from an application and ends with the execution of the agreement. The defaults performed by a debtor causes legal consequences for the debtor themselves. In case the fiduciary security object disappears when the debtor has defaulted earlier, the creditor does not only obtain legal protection from the Consumer Finance Agreement, but it also gains the protection from Insurance Agreement.