THE URGENCY OF DISPUTE RESOLUTION IN CONSUMER FINANCING AGREEMENTS FOR BAD CREDITS THROUGH THE WARRANTY EXECUTION A FAIR FIDUCIARY

Abstract

The realistic Indonesian society always follows changes from time to time towards a better era, including in the era of digitalization and transformation in the legal field where sometimes the law itself is left behind by the increasingly rapid and dynamic development of society. Therefore, it is a challenge for society and the government to immediately design and formulate legal instruments, especially in the field of contract law regarding the execution of fiduciary guarantee objects based on consumer financing agreements. In order to advance the people in a democratic manner, the state must have a strong legal foundation so that there is no disharmony in laws and regulations between Law No. 42 of 1999 concerning Fiduciary Guarantees and Law Number 8 of 1999 concerning Consumer Protection, there is a blurring of internal norms so that both business actors in When a legal conflict arises, a financing institution or creditor and a consumer/debtor cannot provide justice for the parties if one of the parties is in a weak position which is not as profitable as the position of the debtor/consumer in implementing the provisions of the consumer financing agreement. If you look at Law Number 42 of 1999 concerning Fiduciary Guarantees, this regulation actually does not contain principles or principles governing legal protection and justice in the context of resolving consumer financing agreement disputes related to bad credit through a fair fiduciary execution process.