Bank Compliance with POJK in Drafting Credit Agreements: A Normative Analysis of Decision Number 30/Pdt.G/2025/PN Pdg

Abstract

This study aims to analyze the legality of repossessing fiduciary collateral by financing companies through debt collectors following the issuance of the Constitutional Court Decision Number 18/PUU-XVII/2019 and to examine whether the imposition of repossession fees, penalties, and fines in consumer financing agreements is in accordance with consumer protection principles and regulations issued by the Financial Services Authority (Otoritas Jasa Keuangan). This research employs a normative legal research method using statutory and case approaches. The statutory approach analyzes legal regulations related to fiduciary guarantees, consumer protection, and financing companies, while the case approach examines the legal considerations contained in Decision of the Padang District Court Number 30/Pdt.G/2025/PN Pdg. The results indicate that following the Constitutional Court decision, the execution of fiduciary collateral cannot be conducted unilaterally by creditors without the debtors acknowledgment of default or without a court ruling. Furthermore, the imposition of repossession fees, penalties, and fines in financing agreements is permissible only if it is carried out transparently, proportionally, and in accordance with consumer protection principles and applicable financial regulations.