PRAKTIK PINJAM MEMINJAM UANG DENGAN JAMINAN FIDUSIA BPKB DITINJAU DALAM PERSPEKTIF HUKUM JAMINAN (Studi di Koperasi Baitul Maal Wa Tamwil-Usaha Gabungan Terpadu Nusantara Cabang Malang Kota)

The practice of borrowing money from BMT-UGT Nusantara Corporation Branch of Malang City is called financing. The Co-operative receives collateral from the debtor in order to guarantee the fulfilment of its funding, which is often a Motor Vehicle Ownership Book (BPKB). In fact, there are still many who refer to BPKB guarantees as collateral, while the vehicle is still in the possession of the debtor. By this it is appropriate to give the right and proper instruction to the creditor and debtor in terms of guarantee law. In the practice of borrowing money, there is also often a failure to perform by the debtor. There are various options to solve the problem of non-performance by means of litigation in court or using alternative dispute settlement (APS). The methods of sociological jurisprudence are applied in this study to find out the effectiveness of the law in society. The aim of this study is to understand the creditor’s understanding of the practice of borrowing money with guarantee of moveable objects, the mechanisms of its implementation, and the efforts taken to settle the debtor’s default. From the result of the research, it is known that all the employees of the BTM-UGT Nusantara Corporation have understood the practice of borrowing money with BPKB guarantees both in the principle of shariah and the regulations of the laws, but in practice the Company does not carry out the process of charging and registration of trust guarantee as a regulated in the Fiduciary Guarantee Act. The steps taken to solve the problem of non-performance by the debtor are by negotiating to find the best solution which then results in a new agreement so that the old agreement is deleted because of it. If there is no hope for the debtor to repay their instalments, the Cooperative will “whiten” and the losses suffered by the Cooperative is considered to be part of the work risk.