STATUS HAK MILIK KENDARAAN BERMOTOR YANG DI RAMPAS DALAM PERJANJIAN SEWA BELI DI BCA FINANCE MOJOKERTO

Hire purchase agreements for motor vehicles are widely used in Indonesia as they provide consumers with easier access to vehicles through installment payments. However, in practice, such agreements frequently give rise to legal disputes, particularly concerning the status of ownership rights and the repossession or seizure of vehicles by financing companies when a debtor defaults. This study aims to analyze the act of vehicle seizure carried out by BCA Finance Mojokerto in hire purchase agreements, to examine the legal status of ownership during the hire purchase period, and to assess the legal consequences arising from such seizure. This research employs a normative juridical method with statutory, conceptual, and case approaches, complemented by limited empirical data to obtain a factual understanding of practices in the field. Data were collected through library research and supporting interviews and were analyzed qualitatively. The findings indicate that although legal ownership of the vehicle has not been transferred to the buyer prior to full payment of the installments, financing companies are not legally authorized to repossess vehicles unilaterally through coercive means. Any seizure involving violence or threats constitutes a criminal offense of extortion or robbery under the Indonesian Penal Code, exceeding the scope of a mere contractual breach. Furthermore, dispute resolution through mediation does not eliminate the unlawful nature of such acts nor the potential criminal liability, including corporate criminal liability. This study underscores that the enforcement of rights in hire purchase agreements must strictly adhere to lawful procedures in order to ensure legal certainty and adequate protection for all parties involved.