42 J.L. Pol'y & Globalization 1 (2015)

handle is hein.journals/jawpglob42 and id is 1 raw text is: 


Journal of Law, Policy and Globalization                                                               www.iistor2
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol.42, 2015                                                                                                  lllb


                       Pledge Agreement on a Pledge Business

                       Tin Sri Hartini,* Ahmadi Miru**, Ahdullah Marlang***, Mustafa Bola****
      *Phd Student, Postgraduate Hasanuddin University and Lecturer at Legal Study Colleage Umel Mandiri Jayapura
                       ** Professor of Legal Science, Hasanuddin University and also as Promotor
                     *** Professor of Legal Science, Hasanuddin University and also as Co-Promotor
                     **** Professor of Legal Science, Hasanuddin University and also as Co-Promotor
                                   Coresponding Email:iin hartini74@ yahoo.co.id
Abstract
Pledgeis one of the non-bank financial institutions that lend money / credit to its customers based on the law of pledge. The
lend money/credit is preceded by the credit agreement between the creditor and the debtor in terms of lending and borrowing
money which is then followed by the submission of a moving object as a guarantee of repayment.In principle the goods
(pledge) can be used to secure any obligations of certain achievements. It means that the agreement ofpledge will only exist if
there is a principal agreement that had previously existed. The principal agreement is an agreement that raises the legal
relationships of repayment-payablethat are guaranteedto material moving, both tangible andintangible. The purpose ofpledge
is to provide legal certainty for creditors by guaranteeing repayment of its receivables from pledged objects, if the debtor
defaults.Although the basic pledge is trust, but still made the loan agreement as the principal agreement. In the loan
agreement with guaranteed pledge, there are two parties in the agreement: (1) parties (creditors) who receive pledge, and (2)
the debtorswho guarantee pledge. Furthermore, its assessoir agreement is the pledgeagreement itself.
Keywords: Pledge agreement, pledge business.

1. Introduction
The needs of everyday life of human beings cannot be fulfilled by them. It is because they do not have sufficient funds. In
terms of it, if there are no goods sold, they will seek loans on others.The development of economic communityhas stimulated
person to get a loan through financing services either bank financial institutions or non-bank financial institutions such as
pledge.

To meet the needs of people who are considered as urgent needs, the government provides services in credit-based on pledge
for those who borrow from these services, called pledge. The pledge itself is one of the credit institutions that are handled by
the government under the auspices of the Minister of State Enterprises. The aim of the government to establish such credit
institutions is expected to assistthe financial needs of the community urgently especially among lower middle income people.

Pledge services are an effort from the Government to help people, especially the economically weak by channeling credit
assistance to meet the needs of everyday life. In addition,it also acts to prevent people from loan sharks and illegal bank that
will only make them entangled in a more complicated problem in terms of repayment. Mostly, the lending rates of the loan
sharks and illegal bankare very high.

As one of the non-bank financial services institution, PT.Pegadaian (Indonesian pledge institution) tries to improve the
function and its role in supporting economic development. It provides credit on the basis of the legal pledge to the
community, especially the middle class such as traders and small businessmen. Loan disbursement is done in a way that is
easy, fast, and safe. This condition creates an easy situation for the people to loan and do not give rise a new problem for the
borrower after the loan in pledge. Customers do not need to sell their goods, but goods are only a pledged of the credit
application.

Until right now, the pledge has several times changed its status. The changed status has started as a State enterprise (PN)
since January 1, 1961. It was then asBureau Company Pledge (PERJAN)under the Government Regulation No. 7 of 1969 on
PledgeBureau Company (PERJAN). It continued to change based on the Government Regulation No. 10 Year 1970
concerning Amendment to Government Regulation No. 7 of 1969 on Pledge Bureau Company;the Government Regulation
No. 103 of 2000 onPledge Public Company (Perum); and the Government Regulation No. 51 Year 2011 on Amendment of
Legal Entity of PledgePublic Company (Perum) to become Limited Company (Persero).

The pledge is one of the non-bank financial institutions that lend money / credit to its customers based on the law of pledge.
It is preceded by the credit agreement between the creditor and the debtor in terms of lending and borrowing money which is
then followed by the submission of a moving object as a pledge of repayment.

Provisions to deliver lien (pledge) goods to the lien holder creditor or a third party are an absolute element of a pledge.So that
it becomes mandatory rule. If this element does not exist, then the pledge shall be null and void. Similarly, when pledgegoods
switch back to the the pledgor (debtor) when the pledge is still ongoing, then the lien even considered null and voidby
operation of law. Although the basic pledge is trust, but still made the loan agreement as the principal agreement. In the loan


1Munir Fuady, Debt Pledge Law, Penerbit Erlangga, Jakarta, 2013,p. 152.

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