PENYELESAIAN HUKUM PADA KASUS PENGALIHAN JAMINAN FIDUSIA DALAM PERJANJIAN KREDIT KENDARAAN BERMOTOR (Studi Kasus di PT. Arthaasia Finance Cabang Kota Madiun)

The purpose of this study is to elaborate on the legal implications of unilateral fiduciary transfer and analyze the dispute resolution process. The research method used in this thesis is sociological-legal with three sources of data collected through interviews, documentation, and literature study. All data collected was analyzed using the Miles and Huberman method. The results of this thesis research include: 1) The unilateral transfer of fiduciary guarantees to third parties by debtors has serious legal implications. This is because debtors are declared negligent and have failed to fulfill their obligations under their agreements with PT Artaasia Finance. Finally, the creditor has the right to file for execution of the collateral without going through a trial as a form of repayment for the default. 2) PT Artaasia Finance has two dispute resolution systems that are in accordance with Indonesian laws and regulations and in line with Indonesian culture. The first method is deliberation or mediation. If this does not produce results, then litigation is necessary, applying the principle of parate executie. Therefore, this action is a manifestation of the principles of legal certainty, benefit, and justice for the parties to the agreement. Thus, the creditor is not disadvantaged if the debtor breaches the agreement. The concept of fiduciary guarantees has weaknesses that are detrimental to the position of creditors, because the collateral that will later become evidence in court is not in the possession of the creditor. Therefore, regulations should be put in place to strengthen the position of creditors in securing their fiduciary collateral, such as a fiduciary collateral tracking system. With such a system in place, creditors will not suffer further losses when fiduciary collateral is unilaterally transferred to a third party.