Penguasaan Harta Bersama sebagai Objek Jaminan Fidusia oleh Perusahaan Pembiayaan tanpa Persetujuan Istri (Studi Putusan Nomor 492/Pdt.G/2025/PN Mdn)

This study analyzes the possession of marital property as an object of fiduciary security by a financing company without the wife’s consent based on Medan District Court Decision Number 492/Pdt.G/2025/PN Mdn. The research focuses on the financing company’s authority to possess marital-property collateral and legal dispute resolution. This study employs a normative juridical method with a descriptive-analytical approach using statutory and case approaches. Legal materials consist of primary, secondary, and tertiary materials collected through library and document studies and analyzed qualitatively. The findings indicate that the Toyota Vellfire BK 1819 LW was acquired during the marriage and registered in the Plaintiff’s name. The Plaintiff established that the vehicle was encumbered as collateral without her knowledge or consent and that she did not sign the financing agreement. Pursuant to Articles 35(1) and 36(1) of Law Number 1 of 1974 on Marriage, property acquired during marriage constitutes marital property, and legal acts concerning such property require the consent of both spouses. This requirement relates to Article 1320 of the Indonesian Civil Code concerning consent as a requirement for a valid agreement. The Court held that the Defendant’s possession of the vehicle registration certificate and vehicle constituted an unlawful act and that the encumbrance lacked binding legal force. The dispute was resolved by ordering the return of the vehicle registration certificate. The decision underscores the importance of protecting spousal rights and applying prudential principles when financing companies accept marital property as fiduciary collateral.