Maraknya penarikan unit kendaraan oleh oknum kolektor secara sepihak, ini tanggapan Hamdani,SH dan Andriyanto, SH dari perspektif hukum.

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www.wartategas.com, Kampar 28-02-2021

Indonesia yang di hantam krisis sejak akhir tahun 2019 hingga sekarang akibat covid 19 melumpuhkan segala aspek sendi sendi kehidupan.

Ekonomi merosot tajam akibat pemberlakuan penerapan protokol kesehatan. daya beli masyarakat menurut. penghasilan sulit dicari, jangan kan untuk membeli kebutuhan tersier, kebutuhan primer sehari hari pun sangat sulit.

Akibat dampak tersebut, banyak masyarakat yang kesulitan didalam pembayaran angsuran, dalam hal ini cicilan unit kendaraan. sebagian masyarakat terbebani akibat sulitnya bertahan dimasa pandemi. memang sudah ada Peraturan OJK No.11/POJK.03/2020 tentang Stimulus Perekonomian Nasional Sebagai Kebijakan Countercyclical Dampak Penyebaran Coronavirus Disease. tentang penangguhan ataupun relaksasi kredit kendaraan. namun itu hanya berlaku beberapa bulan saja. bahkan tidak semua perusahaan leasing menerapkannya.

Akibatnya, banyak masyarakat tak sanggup membayaran angsuran yang hanya tinggal beberapa bulan saja angsuran hingga terpaksa di tarik oleh Kolektor leasing. ada yang sifatnya memberikan sukarela namun ada juga yang melakukan secara sepihak.

Berikut tanggapan Hamdani,SH  dan Andriyanto, SH yang di wawancarai secara eklusif oleh awak media mengenai fenomena tersebut dari pandangan Praktisi Hukum di Kantor advokat Hamdani,SH dan Rekan.

” Maraknya penarikan kendaraan  akibat kredit macet hingga harus di tarik leasing tetapi pihak lesing tidak melakukan prosuderal yang dilakukannya sesuai dengan aturan hukum yang beraku dengan memberi surat peringatan kepada nasabah atau disebut sp1 atas ketelatan pembayaran pembiayaan namun secara dialapangn mereka langsung menarik paksa kepada nasabah/debitur tanpa menyerahkan identitas dan surat tugas penarikan tersebut kepada debitur/nasabah. dalam hal ini pihak leasing /kreditur kebanyakan tidak memahami terhadap prosuderal/aturan hukum yang berlaku terhadap debitur/ nasabah yang cidera janji, dalam uu fidusia kreditur mempunyai hak ekstorial namun ada aturan hukum yang lain mengikat dalam penarikan tersebut, dimana kedua belah pihak antara kreditur dan debitur mengikat sebuah perjanjian ketika salah satu cidera janji /wanprestasi maka terlebih dahulu diselesaikan ke pengadilan untuk menyelesaikan perdatanya guna untuk menetapkan apakah debitur/nasabah sebagai wanprestasi ketika sudah ditetapkan debitur wanprestasi dan mengaku tidak sanggup untuk membaya maka pihak pengadilan untuk melakukan eksekusi untuk penarikan, sekarang melihat faktanya pihak lesing mengambil tindakan sepihak dalam hal eksekusi tersebut mengangkangi sistem peradilan yang ada , dan bisa juga pihak nasabah melaporkan kepidana atas penarikan tersebut” ujar Hamdani, SH

” Saya berpesan ke masyarakat lebih berhati-hati lagi untuk melakukan perikatan fidusia ketika kita sebagai nasabah tidak sanggup melakukan pembayaran pembiayaan tersebut maka pihak kreditur mempunyai hak ekstorial namun hak ekstorial harus di ikat dengan adanya surat perintah eksekusi terhadap pengadilan atas pengambilan jaminan fidusia.

Ketika unsur tersebut tidak terpenuhi berupa surat tugas penarikan, identitas nama yang menarik jaminan harus diketahui serta berita acara penarikan oleh pihak pengadilan atas jaminan fidusia tersebut melalui pengadilan maka kita berhak untuk menolak penarikan tersebut oleh pihak leasing. namun jika masyarakat mendapati kasus seperti itu  bisa temui saya di kantor saya atau hubungi melalui telepon seluler saya. akan kita bantu selesaikan ” ujar andriyanto menambahkan. (yana.red)

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