E ISSN: 2583-049X
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International Journal of Advanced Multidisciplinary Research and Studies

Volume 5, Issue 1, 2025

Legal Certainty of Financial Services Authority Regarding Consumer Protection in Consumer Financing



Author(s): Galih Rahmawati, Ermanto Fahamsyah, Bhim Prakoso

Abstract:

The problem as explained previously is related to the execution of forced withdrawal of goods carried out by the creditor against the debtor. This action is based on Article 15 paragraph (2) of the Fiduciary Guarantee Mortgage Rights which states that the fiduciary guarantee certificate has the same execution power as a court decision. This paragraph is then strengthened by paragraph (3) which states that if the debtor defaults, the Fiduciary Recipient has the right to sell the Goods that are the object of the Fiduciary Guarantee at his own authority. Based on Article 15 paragraph (3), this gives the right to the fiduciary guarantee recipient or creditor to sell the collateral themselves without the need for a court decision if the debtor or fiduciary giver is in default. Based on this background, a problem can be formulated as follows: 1). What is the ratio legis of consumer protection regulations in POJK Number 06/POJK.07/2022 regarding the rights and obligations of business actors? 2). What is the responsibility of the Financial Services Authority (OJK) regarding consumer protection in consumer financing? 3). How is the legal certainty of the Financial Services Authority Regulation (POJK) regarding consumer protection in consumer financing? The type of legal research that will be used in this scientific writing is the type of normative legal research. Types of problem approaches, namely the legislative approach, the conceptual approach and the case approach. This balance not only avoids conflict between the two parties, but also builds trust that is essential for long-term relationships, which in turn supports the growth of the financial services industry. Cooperation between OJK, PUJK, and consumers is essential to create effective regulations, ensure consumer protection, and encourage business sustainability in a fair and transparent financial ecosystem.


Keywords: POJK, Eigendom Overdraft, Indonesia

Pages: 261-273

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