Hukum Lembaga Pembiayaan | Lembaga Pembiayaan Non Bank

Summary

This video script provides an in-depth explanation of non-bank financing institutions in Indonesia, focusing on Pegadaian (pawnshops) and leasing companies. It covers the historical evolution of Pegadaian, its role in providing short-term loans secured by movable assets, and the shift from public institutions to PT Persero. Additionally, it explores the legal frameworks and processes related to pawning and repossession, contrasting these with the leasing model for vehicles and equipment. The script highlights the importance of proper procedures in auctioning and repossessing goods and offers insights into the regulatory environment governing these financial services.

Takeaways

• 😀 Pegadaian is a non-bank financial institution that facilitates secured loans using movable assets as collateral.
• 😀 The historical development of Pegadaian in Indonesia shows its transformation from a government institution to a state-owned company (PT Persero).
• 😀 Pegadaian accepts various types of movable goods such as gold, electronics, and vehicles as collateral for loans.
• 😀 Unlike traditional banking, Pegadaian offers a simple procedure for short-term loans, making it accessible to people who can't meet the requirements for bank loans.
• 😀 Pegadaian also offers additional services like buying and selling gold, as well as pawned item storage.
• 😀 The practice of pawning involves items being assessed for their value, and loans are given based on the estimated worth of the items.
• 😀 Goods pawned with Pegadaian are stored securely, unlike in banks where collateral may be kept in a different manner.
• 😀 In case of loan default, Pegadaian offers a grace period for the borrower to extend the loan before items are put up for auction.
• 😀 Leasing institutions offer vehicles and heavy machinery for rent, and the lease includes an option for purchasing the items after the contract ends.
• 😀 Leasing agreements stipulate that the borrower cannot sell the leased items until the full purchase is completed and the vehicle is officially transferred to the borrower’s name.
• 😀 Non-bank financial institutions like Pegadaian and leasing companies follow legal frameworks that ensure fairness in the handling of defaulted loans and auctions.

Q & A

What is the primary function of Pegadaian in Indonesia?

Pegadaian functions as a non-bank financing institution that provides loans with movable goods as collateral, such as gold, electronics, and vehicles. It helps people secure short-term loans quickly.

How has the Pegadaian institution evolved in Indonesia?

Pegadaian has evolved from a government agency (Perusahaan Jawatan Pegadaian) into a state-owned limited liability company (PT Pegadaian Persero). This transition allows it to operate more efficiently as a profit-driven entity while still serving the public.

What types of items can be used as collateral in Pegadaian?

Movable goods such as gold, electronics, vehicles, textiles, and machinery can be used as collateral in Pegadaian. Items must be easily transferrable and have a measurable value.

How is the value of items assessed in Pegadaian?

The value of items used as collateral is assessed by appraisers who determine the worth based on the quality and market price of the goods.

What happens if the borrower fails to repay the loan in Pegadaian?

If the borrower fails to repay the loan, Pegadaian will offer the option to extend the loan term or auction the collateral to recover the debt. The borrower is notified before any auction takes place.

What distinguishes Pegadaian from banks in terms of collateral?

Pegadaian accepts movable goods as collateral, whereas banks typically require immovable assets like land or property. This makes Pegadaian more accessible for people who may not have immovable assets.

What legal framework governs Pegadaian's operations in Indonesia?

Pegadaian operates under Indonesian civil law, specifically referring to the Pawn Law and Fiduciary Law, as well as regulations from the Ministry of Finance. The institution is also regulated by Law No. 42 of 1999 regarding fiduciary guarantees.

How does leasing work as a non-bank financing method?

Leasing involves providing financing to purchase expensive items like vehicles or heavy machinery, with the item itself acting as collateral. The buyer rents the item until the loan is paid off, after which ownership is transferred.

What are the legal protections for consumers in leasing contracts in Indonesia?

Leasing contracts in Indonesia are regulated by the Fiduciary Law and are subject to specific regulations that ensure transparency and protect consumers. Forced seizures or repossessions of goods without proper legal procedures are prohibited.

Can leased vehicles be sold before the lease term ends?

No, leased vehicles cannot be sold before the lease term ends, as they remain the property of the leasing company. Selling leased goods before completing the payment term can result in legal consequences.