Cinta-news.com – Sebuah insiden yang bikin geram dan ngeri akhirnya berakhir di balik jeruji besi! Tanpa ampun, tiga debt collector nekat merampas paksa mobil seorang sopir taksi online di kawasan Bandara Soekarno-Hatta, Tangerang. Aksi nekat ini justru terjadi saat sang korban sedang sibuk mengantar jemaah umrah dengan penuh khidmat di Terminal 2 bandara. Alhasil, polisi berhasil meringkus ketiganya dan membuat mereka harus menelan pil pahit.
Pihak kepolisian langsung bergerak cepat dan akhirnya meringkus ketiga pelaku berinisial YA, DMK, dan CED. Tim penyidik kini memproses lebih mendalam kasus ini sementara ketiganya mendekam di sel tahanan Mapolresta Bandara Soekarno-Hatta. Yang lebih mencengangkan, Kasat Reskrim Polresta Bandara Soekarno-Hatta, Kompol Yandri Mono, dengan tegas mengungkapkan sebuah fakta mengejutkan, “Ketiganya merupakan debt collector yang tidak terikat dengan perusahaan leasing manapun!”. Fakta ini membuktikan bahwa mereka bertindak secara ilegal tanpa payung hukum.
Lebih jauh, pemeriksaan polisi berhasil mengungkap pola kriminal yang membuat was-was. Ternyata, para pelaku ini sudah berulang kali membangun “karier” kriminalnya dengan melakukan penarikan kendaraan roda empat secara paksa. Akibatnya, aksi semena-mena mereka ini langsung memicu keresahan dan ketakutan di kalangan masyarakat, khususnya para pengguna jasa transportasi di sekitar bandara. Menanggapi situasi ini, polisi langsung mengerahkan tim khusus. “Tim Satuan Reserse Kriminal langsung melakukan penindakan untuk menjaga ketertiban dan keamanan wilayah,” tegas Kompol Yandri Mono, menunjukkan komitmennya.
Lantas, bagaimana sebenarnya kronologi kejadian yang menegangkan ini? Kanit Resmob Polresta Bandara Soekarno-Hatta, Ipda Dicky Sirait, dengan gamblang membeberkan detail kejadian. Korban, yang berinisial S, baru saja memarkir kendaraannya usai mengantar jemaah umrah. Tiba-tiba, tanpa diduga sama sekali, sekelompok debt collector menghampirinya dan secara gegabah menuduh mobilnya menunggak cicilan. “Para pelaku membawa korban menuju sebuah kantor di Jakarta Selatan. Namun, saat di tengah jalan, mereka menurunkan korban secara paksa,” papar Dicky, menggambarkan kesewenang-wenangan para pelaku.
Setelah mengalami insiden traumatis itu, korban yang masih dalam shock akhirnya berhasil kembali ke Bandara Soekarno-Hatta dan segera melaporkan peristiwa pahit ini ke Polresta setempat. Berbekal laporan itulah, polisi kemudian bergerak dengan sangat cepat untuk menangkap ketiga pelaku. Sebagai konsekuensi atas ulah mereka, penyidik menjerat ketiga tersangka dengan dua pasal berlapis, yaitu Pasal 368 KUHP tentang pemerasan yang mengancam mereka dengan pidana penjara paling lama sembilan tahun, dan/atau Pasal 335 KUHP tentang perbuatan tidak menyenangkan dengan ancaman hukuman penjara paling lama satu tahun. Tindakan tegas ini menjadi peringatan keras bagi para debt collector nakal sekaligus menenangkan warga dan menjaga ketertiban di kawasan bandara.
Nah, bagi Anda yang penasaran, sebenarnya penarikan kendaraan kredit ini sangat erat kaitannya dengan Undang-Undang Nomor 42 Tahun 1999 tentang Jaminan Fidusia. Dalam aturan mainnya, fidusia didefinisikan sebagai pengalihan hak kepemilikan suatu benda berdasarkan rasa kepercayaan, sementara peminjam tetap menguasai barangnya. Jadi, kendaraan yang Anda beli melalui leasing masuk dalam kategori ini; Anda masih bisa menggunakannya, tetapi status kepemilikannya baru beralih sepenuhnya setelah Anda melunasi semua cicilan.
Namun, perlu Anda catat baik-baik, agar sah secara hukum, eksekusi kendaraan dengan jaminan fidusia harus memenuhi beberapa syarat ketat, yakni:
- Perusahaan pembiayaan wajib memiliki sertifikat jaminan fidusia. Mereka harus mendaftarkan perjanjian fidusia ini ke Kantor Pendaftaran Fidusia. Tanpa sertifikat resmi ini, semua aksi penarikan kendaraan oleh leasing atau debt collector otomatis dianggap ilegal!
- Pihak kreditur tidak boleh melakukan eksekusi sepihak. Putusan Mahkamah Konstitusi No.18/PUU-XVII/2019 dengan tegas menegaskan bahwa kreditur tidak bisa menetapkan wanprestasi atau tunggakan secara sepihak. Kedua belah pihak harus berunding terlebih dahulu. Jika perundingan gagal, satu-satunya jalan yang sah adalah melalui proses pengadilan.
- Pelaksana eksekusi harus mengikuti prosedur penjualan yang benar. Mereka harus menjual kendaraan sitaan melalui lelang atau bawah tangan dengan syarat menyampaikan pemberitahuan tertulis minimal sebulan sebelumnya, dan mengumumkannya di dua media cetak.
Lalu, sebenarnya siapa sih yang berhak menjadi “penagih utang” atau debt collector yang sah? Menurut POJK No.30/POJK.05/2014, seorang debt collector yang legal wajib memenuhi kriteria berikut:
- Badan hukum resmi yang bekerja sama dengan perusahaan pembiayaan harus menaungi mereka
- Mereka harus memiliki izin dari instansi terkait
- Mereka perlu memegang sertifikat profesi di bidang penagihan yang dikeluarkan oleh PT Sertifikasi Perusahaan Pembiayaan Indonesia
- Yang paling penting, mereka harus membawa surat tugas resmi saat melakukan penarikan kendaraan
Tanpa memenuhi semua syarat wajib ini, setiap aksi yang mereka lakukan otomatis melanggar hukum. Oleh karena itu, polisi dapat dengan mudah menjerat mereka dengan pasal perampasan. Jadi, waspadalah dan kenali hak-hak Anda!
Dapatkan juga berita teknologi terbaru hanya di newtechclub.com
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