PERLINDUNGAN HUKUM BAGI DEBITUR TERHADAP KREDITURYANG TIDAK MELAKSANAKANKEWAJIBANPENGHAPUSAN (ROYA) JAMINAN FIDUSIA DI PT PEGADAIAN SYARIAH CABANG SUBRANTAS PEKANBARU

Abstract

Every object guaranteed by the Fiduciary Guarantee must be registered with the
Fiduciary Registration Office. The purpose of fiduciary registration is to guarantee
legal certainty and provide legal protection for the parties concerned. Fiduciary
registration should end with the deletion (roya) of fiduciary guarantees as in Article 16
paragraph (2) of Government Regulation Number 21 of 2015 concerning Procedures
for Registration of Fiduciary Guarantees and Costs for Making Fiduciary Guarantee
Acts. As long as the fiduciary recipient has not notified him of the abolition of the
fiduciary guarantee and the issuance of the fiduciary guarantee certificate is no longer
valid, the object which is the object of the fiduciary guarantee has not been erased and
remains attached as a debt guarantee. in accordance with Article 7 paragraph (2) of
Government Regulation Number 21 of 2015 concerning Procedures for Registration of
Fiduciary Guarantees and Costs for Making Fiduciary Deed Guarantees, the relevant
fiduciary guarantees cannot be re-registered. The problems examined in this study are,
how to carry out the elimination (roya) of Fiduciary Guarantee at PT. Pegadaian
Syari'ah Pekanbaru Subrantas Branch and how is the responsibility of PT. Pegadaian
Syari'ah Pekanbaru Subrantas Branch (creditor) to the debtor in terms of the removal
(roya) of fiduciary collateral.
The type of research that the author uses is juridical sociological research
approach that emphasizes the legal aspects related to the subject matter to be
discussed, related to the reality that occurs in the field. In this case the authors
conducted research at PT. Pegadaian Syariah Subrantas Pekanbaru Branch. The data
used consists of primary data and secondary data. Technical data were collected by
field studies (interviews and questions and literature studies). Then analyzed
qualitatively and make conclusions with deductive thinking methods.
From the results of this study it can be concluded that there are two points that
can be concluded. First, that the implementation of the obligation to delete (roya)
Fiduciary Guarantee at PT. Pegadaian Syari'ah Pekanbaru Subrantas Branch has not
been in accordance with applicable laws and government regulations. Second, that the
responsibilities that PT. pegadaian syari`ah Subrantas Pekanbaru Branch against
debtors in the event of a problem in the future, namely the pawnshop in good faith will
eradicate (roya) the fiduciary guarantee of the debtor by attaching their KTP, proof of
payment and BPKB.
Keywords: Fiduciary Collateral, Elimination (Roya) Fiduciary Collateral.