EKSEKUSI BARANG JAMINAN PADA PERJANJIAN PEMBIAYAAN KONSUMEN KENDARAAN BERMOTOR BILA TERJADI WANPRESTASI

Abstract

Motor vehicles have become a necessity for people in a variety of activities included in the work. Standard clause made by the businesses contains clauses that shift responsibility to consumers or businesses referred to the exoneration clause. This study aims to determine whether the execution procedure collateral on a consumer finance agreement is fit with the laws and principles of law applicable in Indonesia. This study aims to provide insight to the reader how the legal position of businesses and consumers in a consumer finance agreement as well as the motor vehicle warranty execution procedures in accordance with the laws and principles of law in Indonesia. The method used is the normative juridical efforts to seek solutions to problems by researching and reviewing the norms of positive law to do library research. These results indicate that the consumer finance businesses are still using a standard clause as well as the exoneration clause which is not in accordance with the law principles of contract, and it still looks the many gaps that lead to the opportunity for businesses to execute the warranty using unfair method.