Consumer Protection in the Execution of Fiduciary Object in Vehicle Financing Agreements According to the Consumer Protection Law
by Aby Maulana, Hesty D. Lestari, Muhammad Hasyim Maulana, Sawitri Yuli Hartati
Published: June 6, 2026 • DOI: 10.47772/IJRISS.2026.100500540
Abstract
Despite the constitutional mandate established through Constitutional Court Decision Number 18/PUU-XVII/2019, the execution of fiduciary guarantees in Indonesian vehicle financing continues to occur through procedures that undermine debtor rights, exposing a persistent gap between legal norms and field practice.
This study pursues two objectives: first, to critically examine the legal framework governing fiduciary guarantee execution under Law Number 42 of 1999 and its consumer protection implications under Law Number 8 of 1999; and second, to evaluate the legal reasoning of Supreme Court Decision Number 398 K/Pdt.Sus-BPSK/2025 and assess its jurisprudential consistency against Decisions Number 321 K/Pdt.Sus-BPSK/2019 and Number 126 PK/Pdt.Sus-BPSK/2021.