Analisis Yuridis Mengenai Peralihan Objek Jaminan Fidusia Dalam Perjanjian Jual Beli Mobil

(Studi Putusan Nomor 239/Pdt.G/2020/PN.Mtr)

Abstrak

This study aims to determine the judge's considerations in the Mataram District Court Decision Number 239/Pdt.G/2020/PN.Mtr and the seller's responsibility who is in default in the car sale and purchase agreement. The research was carried out by applying a normative research method using the statute, conceptual, and case approaches. The car sale and purchase agreement that is the object of the fiduciary guarantee is valid as stipulated in Article 1458 of the Civil Code. The seller is declared in default for not submitting the vehicle ownership document (BPKB). The seller is responsible for submitting the vehicle ownership document (BPKB) to the buyer. The panel of judges sentenced the financial institution to offer the vehicle ownership document (BPKB) to a third party (plaintiff).