PENYELESAIAN WANPRESTASI PERJANJIAN KREDIT PADA LEMBAGA PEMBIAYAAN KONSUMEN DI INDONESIA

Abstract

A financing institution is a type of company included in the non-bank financial institutions sector and plays an important role in financing. For those seeking alternative funding sources that suit their needs, this institution is a good choice. A financial institution is a commercial company involved in financing operations, such as providing finance or capital goods. This definition is based on the Presidential Regulation of the Republic of Indonesia Number 9 of 2009 concerning Financing Institutions. The purpose of this research is to analyze the resolution of credit agreement defaults in consumer financing institutions in Indonesia and to analyze the legal consequences if there is a default on a credit agreement in consumer financing institutions in Indonesia. The method used is normative legal research. The results of this research indicate that the resolution of credit agreement defaults in consumer financing institutions in Indonesia involves consumer financing agreements that follow the same procedures as other consumer financing companies, which are subject to Book III of the Civil Code. The regulation is adjusted according to applicable regulations and policies, with the primary legal source being the consumer financing agreement itself. In this case, there are two forms of default resolution: litigation and non-litigation. The legal consequences of a default on a credit agreement in consumer financing institutions in Indonesia are that if a default occurs, the agreement does not need to be annulled, as it is automatically void by law. However, Article 1266 paragraph 2 explains that the legal consequences of default are not automatically void by law, but must be annulled by a judge. Furthermore, Articles 1244-1252 of the Civil Code explain the compensation for default, including paying actual losses incurred, expenses used, and allowing claims for lost expected profits. Claims can be further detailed in Article 1267 of the Civil Code. The recommendations provided in this research are that financing institutions should provide clear and detailed provisions regarding their procedures and mechanisms, so that these can facilitate every consumer or debtor in understanding them, especially if problems arise in financing payments. Consumers or debtors should also maintain good faith in resolving issues in financing payments, so that if a default is determined, it can be resolved properly without burdening one party only.