Settlement of credit disputes in credit agreements with fiduciary guarantees (study at PT. Mandiri Tunas Finance Surabaya City Branch)

Abstract

This study examines the role of financing institutions in providing investment financing through agreements between creditors and debtors, particularly those involving fiduciary guarantees. Fiduciary guarantees ensure legal certainty, reduce the risk of default, and facilitate the resolution of non-performing loans through execution mechanisms. The research focuses on investment financing using leasing and instalment purchase methods, which have different implications for ownership and risk. A qualitative descriptive approach is employed, with empirical/juridical sociological analysis with studies at PT. Mandiri Tunas Finance, Corporate Fleet Division, Surabaya, based on legal case and literature reviews. The findings reveal that the principle of freedom of contract encompasses the rights and obligations outlined in the agreement clauses. Disputes may arise from negligence or default, indicating legal loopholes in contractual obligations. To enhance legal certainty, the Constitutional Court mandates the reformulation of clauses and the establishment of fair and clear execution mechanisms in alignment with legal norms. Preventive and repressive legal protections, as well as dispute resolution prior to execution, are necessary to minimize disputes and losses, supporting the sustainability of investment financing in the corporate sector.