HERPANDU HADIWIBOWO
032011133066
1. Collateral institution recognized under BW is Pledge (Gadai) and Mortgage (Hipotek), if
the collateral is movable goods in the form of tangible or intangible, so it is Pledge.
a. Pledge is regulated under Article 1150-1160 BW. According to Article 1150 BW,
Pledge is a right obtained by the creditor on a movable object, handed over to him by
the creditor or his proxy, as collateral for his debt, and which authorizes the creditor to
collect the settlement of his receivables and said item by taking precedence over other
creditors.
b. Then Hipotek regulated under Article 1162-1232 BW. According to Article 1162 BW,
Mortgage is a material right over immovable property which is used as collateral in the
settlement of an agreement.
There is also collateral institution outside the BW:
a. Hak Tanggungan Atas Tanah (Law Number 4 of 1996 Concerning Hak Tanggungan
Atas Tanah) and
b. Fidusia (Law Number 42 of 1999 Concerning Jaminan Fidusia).
2. This is called by the principle of indivisibility (Gadai tidak dapat dibagi-bagi), namely that
debt can be divided cannot result in the distribution of mortgage rights, fiduciary rights,
mortgages, and lien rights even though partial payments have been made.
If more than 1, the preferred creditor or privilege take precedence. Or if the creditor is more
than 1, this can enter into a sita umum or bankruptcy, where a debtor declared bankrupt
based on a court decision has more than one creditor. Then the provisions of Article 1132
of the Civil Code will apply.
3. In the provisions of Article 1233 of the Civil Code, contracts originate from agreements
and laws, therefore it can be said that one of the most important sources of the contract is
agreements, because, through agreements, parties can make all kinds of agreements. The
rental agreement between the lessee and the party who rents out the form of the agreement
is outlined in the form of a car rental agreement. In the agreement both parties have agreed
to bind themselves to carry out the car rental agreement.
Regarding the pledging of this rental vehicle, the default committed belongs to the
fourth category, namely committing an act that, according to the agreement, cannot be
carried out. By pledge the rental car, it means that the party who rents out is harmed. With
the losses suffered, the lessor can sue the lessee for default, namely not fulfilling his
obligations (returning the rental car) when the rental deadline expires, and the pledge
recipient or pledge holder can be sued for compensation on the basis of having committed
an unlawful act, namely accepting a pledge from the pledge giver who does not have the
right to pawn the goods (BPKB is not on behalf of the pledge owner).
Concerning vehicles that are pawned and fall into the category of default and carry
out actions prohibited in the agreement, the company, in this case as the lessor, must be
