A Legal Analysis of Legal Protection for Consumers Regarding the Withdrawal Process with Fiduciary Guarantee

Abstract

This study aims to analyze legal protection for consumers in the process of withdrawing fiduciary collateral in Pekanbaru City during 2023-2024. The background to this research is based on the increasing number of legal issues faced by consumers related to the unilateral withdrawal of fiduciary collateral by creditors. In many cases, consumers are often in a vulnerable position and do not receive adequate legal protection. This situation raises concerns about legal uncertainty, especially in the Pekanbaru area, which has experienced an increase in credit activity with fiduciary collateral. This phenomenon raises concerns regarding the low level of protection for consumers, particularly regarding their rights, which are often neglected in the process of withdrawing fiduciary collateral. This research has a main problem that will be discussed, namely, the implementation of legal protection for consumers in the process of withdrawing fiduciary guarantees and the obstacles faced by consumers in obtaining legal protection, and the purpose of this research is the same as the formulation of the main problem, namely to find out the results of the problem formulation made by the author. This legal research is a type of sociological empirical legal research. This type of research method is intended to solve current problems by collecting data, compiling or classifying it, then analyzing and observing legal realities within society to obtain results. The research results show that although regulations related to fiduciary guarantees are stipulated in Law Number 42 of 1999, their implementation in the field often does not comply with applicable legal procedures. Many creditors carry out unilateral withdrawals without going through the courts, resulting in losses for consumers. Obstacles faced by consumers in obtaining legal protection include a lack of legal awareness among consumers and weak law enforcement by relevant authorities. This study recommends the need for more intensive outreach regarding consumer rights and increased capacity of law enforcement agencies to handle cases involving fiduciary guarantees. This research also highlights the importance of synergy between law enforcement agencies, creditors, and consumers in creating fair and transparent legal certainty. This collaborative approach is expected to minimize conflicts arising from the withdrawal of fiduciary guarantees and ensure that consumer rights are effectively protected.