Ombudsman: Debt Collector Tidak Boleh Paksa Tarik Kendaraan 

Kepala Ombudsman Perwakilan Sumsel, M Adrian
Kepala Ombudsman Perwakilan Sumsel, M Adrian

PALEMBANG – Kehadiran debt collector dianggap meresahkan masyarakat, karena dalam menarik motor atau kendaraan dianggap tanpa melalui prosedur yang benar. Seharusnya dalam mengambil motor dari kreditur yang menunggak harus melalui pengadilan terlebih dulu.

Bahkan, Mahkamah Konstitusi (MK) belum lama telah mengingatkan lewat Putusan MK Nomor 18/PUU-XVII/2019 yang isinya penerima hak fidusia (kreditur) tidak boleh melakukan eksekusi sendiri melainkan harus mengajukan permohonan pelaksanaan eksekusi kepada pengadilan negeri.

Kepala Ombudsman Perwakilan Sumsel, M Adrian menegaskan, bahwa debt collector tidak boleh menarik kendaraan debitur atau nasabah secara paksa, kecuali nasabah itu menyerahkan kendaraannya secara sukarela.

“Barang yang ada di leasing sudah dilindungi objek fidusia, dan itu cuma bisa dalam ketetapan pengadilan. Artinya tidak bisa diambil paksa,” tegasnya, Selasa (21/9/2021).

Adrian mengatakan, pihak kepolisian RI juga telah mensosialisasikan kepada masyarakat supaya jangan takut jika debt collector menarik kendaraan secara paksa atau jalanan, karena bisa di pidana.

“Dulu pernah ada himbauan dari kepolisian, aturan atau prosedurnya leasing tetap tidak bisa menarik paksa kendaraan, kalaupun bisa narik barang itu mesti harus penetapan pengadilan,” katanya.

Ia mengakui, sejauh sudah ada aduan nasabah yang masuk ke Ombudsman, tapi hanya sebatas konsultasi. Namun, ketika di arahkan membuat laporan resmi, konsumen itu tidak mau dengan alasan tidak mau memperpanjang masalah. “Untuk bulan ini belum ada laporan, cuma laporan yang masuk di ombudsman soal kades yang memberhentikan aparatnya, setelah itu laporan layanan publik sehari-hari,” ungkapnya.

Dirinya menghimbau, agar nasabah sering-seeing mengupdate atau searching media sosial (Medsos) di internet soal seperti apa konsumen itu ketika menghadapi peristiwa.

“Di internet itu banyak sudah jelas himbauan dari Polri dan MK,” terangnya. (HR) .

Editor: Hendra P

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