The advancement of techonological field has forced the company to produce
the more advanced and various products. The superiority of a newest product force
the society (consumers)is attracted to have it although financially the budget for
buying that produce is insufficient. PT. Federal International Finance is a defraying
institution who focuses on business activity in the field of consumers‟defrayal in
order to defray the credit of motorcycle by one of the brancehes office of which is
located inYogyakarta. For gaining legal certainty between the relating parts, thus it is
established an agreement on consumers‟ defrayal. However in its implementation, the
matters contained in defrayal agreement have not been conducted appropriately to
what had happened in practice, i.e. from parts who conduct misconduct likes the
consumers who delay their amortization.
The case in this research was the effort of PT. Federal International Finance in
gaining legal protection towards the debtor who conducts misconduct in the
implementation of consumers‟ defrayal agreement. This research was an empirical
normative legal research by descriptive research. The data sources used in this
research were primary and secondary data. The method of data collection was
conducted by data checking and data signing. The data analysis was qualitatively,
comprehensively, and completely conducted.
The result of this research and disscussion shows taht legal principle of which
regulate on the consumers‟ defrayal i.e. Presidental Decision Number 61 of 1988 on
Defrayal Institution of which follow up Decision of Financial Minister Regulation
Number 84/PMK.012/2006 on Defrayal Company. The misconduct happened was
unfulfilled the obligation of which had been stated in agreement or consumers‟ delay
in paying amortization. As the result, PT. FIF can discontinue the agremeent and
propose the amortization of defrayal credit. The way of resolution in the case of
misconduct is conducting procedural account (A/R) management, in the matter of
credit amortization of defrayal or it will be conducted the redrawing of bicycle. The
enclosing of clause on the redrawing of bicyle can cause the agreement is void before
the law by reason of it violates the Laws on Consumers Protection. It is better for PT.
FIF to register the guarantee object and remove the clause on redrawing of bicyle.