PERLINDUNGAN HUKUM BAGI PERUSAHAAN PEMBIAYAAN TERHADAP PERILAKU WANPRESTASI KONSUMEN DALAM PERJANJIAN PEMBIAYAAN BARANG ELEKTRONIK(Studi Kasus: PT. Finansia Multifinance)

Abstract

PT. Finansia Multifinance in Samarinda provides multi-purpose financing services—both online and offline—focused on the purchase of consumer goods. This study aims to examine the forms of legal protection available to finance companies when faced with consumer default, as well as the obstacles encountered by companies in dispute resolution. This study employs an empirical socio-legal methodology, combining primary and secondary data analysed qualitatively to understand the implementation of financing agreements, the impact of default, and the dispute resolution process. The research findings conclude that the causes of non-performing loans stem from both internal factors at PT. Finansia Multifinance (Samarinda Branch) and external factors on the part of the debtors, relating to the creditor’s failure to apply the principle of prudence. The 5C principles (Character, Capacity, Capital, Collateral and Condition) serve as standard requirements for finance institutions, in accordance with Law No. 10 of 1998 on Banking and OJK Regulation No. 35 of 2018. Legal protection for creditors in the consumer financing of electronic goods at PT. Finansia Multifinance is realised through the creditor’s authority to impose penalties and fines in the credit agreement, based on the principle of freedom of contract.