Legal Consumer Protection Against The Repossession Of Motor Vehicles As Fiduciary Objects In The Debt Collection Process

Abstract

Motor vehicle financing secured by fiduciary security raises legal issues when debt collection develops into physical possession by collection personnel. This normative legal study examines consumer protection and the juridical limits of collectors’ authority through statutory, conceptual and case approaches. It compares Yogyakarta District Court Decision Number 7/Pdt.G.S/2022/PN Yyk and Surabaya High Court Decision Number 534/PDT/2023/PT SBY. The study finds that default does not automatically justify forced possession. Lawful possession depends on the basis of default, collector authority, voluntary surrender, absence of coercion and accountable documentation. Thus, the repossession of motor vehicles must be carried out proportionally, while respecting consumer rights and the legal limits of authority.