| dc.description.abstract | Pawn Business is a business of lending and borrowing based on pawn law.
Pawn authorization occurs because of the pawn contract and property levering which
is the object of pawn from the debtor to creditor. Creditor/pandmener as pandbezit
who does not have the power to transfer the property to other parties except when
they have executed the pawn object by the time debtor could not pay his debt
(wanprestatie). There is only one official institution that obtain government’s permits
to run the pawn business, it is PT. Pegadaian (PERSERO) with the enactment of UU
No. 19/2003 Tentang BUMN, UU No. 40/2007 tentang Perseroan Terbatas, and PP
No. 51/2011 tentang Peralihan Bentuk Perum Pegadaian Menjadi Persero.
Meanwhile, in real situation there are already number of private pawn business that
began to rapidly developing in several big cities in Indonesia with their various forms
of business entities.
This researched is aimed to determine the legal basis for the implementation
of private pawn business in Indonesia, and also legal action that can be done by
debtor regarding execution of the pawn object outside the mechanism. This research
method that used is normative juridical as efforts to find the solution of the problem
by researching and reviewing the positive law norms by conducting library research.
The result showed that the private pawn business do not have a definite legal
basis for the implementation of their business, because the procedure of pawn is
performed only by pawn principles of Chapter 1150 up to Chapter 1160 KUH
Perdata. There are no laws or particular government’s regulation that regulate or
organize regarding the performance of private pawn business. Meanwhile, debtor
can prosecute regarding the infringement of the contract as well as the performance
against the law by creditors who has executed the pawn object outside the specified
mechanism. This effort is accord with the characteristic of pawn which is droit de
suite that provides protection to the holders of property rights which means into the
hands whoever have the possession of property with the property rights itself also
transferred, the owner property rights has the right to demand it back, with or
without compensation. The government should make regulation about private pawn
business in Indonesia because this business has already been rapidly developing
throughout this country. | en_US |
