JURIDICAL ANALYSIS AGREEMENT PLEDGE AND THE EXECUTION INSURANCE FOR REALIZE PROCTECTION TO DEBTOR (PT.PEGADAIAN BATAM)

notarial law

A pawnshop company is a State-Owned Enterprise as regulated in Law Number 9 of 1969, whose business field is within the scope of duties and authorities of the Minister of Finance, where all of the capital is owned by the State in the form of State assets which are separated and not divided into shares. The nature of the business of the Company is to provide services for the public benefit and at the same time to cultivate profits based on the principles of managing the Company. This study aims to determine the process of implementing a pawn agreement and the execution of a pawn guarantee in the perspective of debtor protection and to find out the implementation, constraints and solutions in carrying out these processes. This research uses empirical legal research which is supported by normative legal research. The research method uses sociological normative juridical. The results of the study explain that the implementation of the pawn agreement and the execution of the mortgage guarantee in the perspective of debtor protection is carried out based on the existence of a debt agreement made by the Pawnshop and the Debtor which is called a credit agreement. The validity of the credit agreement at the Pegadaian is evidenced by the issuance of a proof of credit (SBK) from the Pegadaian. Whereas the legal arrangements for the implementation of the pawn agreement and the execution of the guarantee are regulated in CHAPTER XX Pawning of the Civil Code Articles 1150- Article 1160, Article 1320 of the Civil Code for the validity of an agreement, Law Number 8 of 1999 concerning Consumer Protection, PT. Pegadaian (Persero) as a business actor must be responsible if the debtor as a consumer feels aggrieved. The implementation of the pawn agreement at the pawnshop is in accordance with the standard soup pawnshop, protection both from a legal and economic point of view to the pawnshop as the holder of the guarantee.

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