Keputusan Mahkamah Konsitusi Di Abaikan, Perampasan Kendaraan Di Riau Marak

Keputusan Mahkamah Konsitusi Di Abaikan, Perampasan Kendaraan Di Riau Marak

Kepolisian Daerah (Polda) Riau kembali di uji ketegasannya atas maraknya perampasan barang (Kendaraan) milik warga Provinsi Riau, yang di duga kuat dilakukan oleh debt kolektor Mitra Pinasthika Mitra Finance (MPM) dari kalangan preman, dan yang juga diduga kuat sengaja di pelihara dan di bayar oleh pihak perusahaan leasing.

Sebutkan namanya (ZA) kembali melaporkan kejadian yang menimpa dirinya, peristiwa yang di alaminya terjadi di sekitar jl.Arifin Ahmad Kota Pekanbaru Riau senin, 8 Juni 2020. Saat itu supir (SA) yang sedang mencari muatan demi untuk menghidupi keluarganya di tengah musibah Covid19 namun justru mendapatkan hal yang tragis karena mobil colt diesel milik ZA(red) yang di bawanya di rampas paksa oleh 4 orang preman yang berbadan besar juga bertingkah ganas tanpa alasan yang jelas.

Saat kejadian itu terjadi sang supir menlfon ZA sebagai pemilik mobil dan memberitahukan kedatangan tamu sangar dan beringas dan tak di undang tersebut, dan menjelaskan bahwa kedatangan mereka adalah mengambil mobil dengan alasan yang tidak jelas. Sehingga ZA(red) langsung ke TKP untuk memastikan kejadian apa yang sedang dihadapi oleh supir yang membawa mobilnya. Namun sudah jatuh ketimpa tangga layak diraihnya karena disaat musibah Covid19 segala kesulitan justru mobilnya di bawa oleh tamu yang datangnya tidak di undang tersebut.

Oleh karenanya merasa dirinya masyarakat taat aturan hukum juga berhak mendapatkan keamanan, kenyamanan serta perlindungan hukum terutama pihak Kepolisian, maka keesokan harinya Selasa, 9/6/2020 ZA melaporkan kejadian yang di alaminya dan supirnya ke pihak kepolisian daerah Riau(Polda). Seterusnya bergegas mendatangi kantor Advokasi Hukum Lembaga Gemantara Martinus Zebua, SH untuk mendapatkan bantuan pendamping hukum, dan juga kantor media group (Gemantararaya.com & Lintasperistiwanusantara.com dan Selidikkasus.com). Kebetulan beberapa awak media lagi berkumpul di kantor Gemantara Raya yang berada di jl.Paus Kota Pekanbaru Riau tidak jauh dari Tempat Kejadian Perkara (TKP)

Saat di konfirmasi oleh wartawan Kepada Pimpinan kantor Advokasi Hukum Martinus Zebua, SH yang di dampingi oleh Advokat muda Putra Sinambela, SH dan juga Pengacara kondang senior Vicktor Simamora, SH MH juga sedang menghadiri silaturahmi di kantor lembaga Tri Power Mitra tersebut.
Martinus Zebua, SH membenarkan bahwa telah menerima surat kuasa dari ZA(red) sebagai korban dari keganasan preman dan atau yang di duga sebagai debt kolektor suatu perusahaan salah satu leasing mobil yang di duga dimana mobil tersebut di beli oleh klien kami dengan sistem kredit. “Terang Martinus Zebua, SH”

Dengan demikian kantor kami siap memberikan pendampingan hukum kepada masyarakat khususnya pak ZA secara maximal dan siap mengerahkan seluruh Lawyer official kita. Kami syukuri satu hal awal karena sudah di laporkan ke pihak Kepolisian, dan juga kita baru menerima Surat Kuasa seterusnya kami segera suport upaya kepolisian dalam menangani kasus ini demi tidak menelan korban yang semakin banyak.

Ditambahkannya bahwa kalaupun nantinya para pelaku terbukti dari pihak perusahaan leasing maka kita minta pihak Kepolisian segera bertindak tegas. Apalagi Keputusan Mahkamah Konstitusi atas keberadaan debt kolektor itu jelas ilegal, dan perusahaan jika terbukti masih menggunakan jasa debt kolektor yang jelas tidak di legalkan menurut peraturan juga Keputusan Mahkamah Konsitusi tersebut maka akan kita minta ketegasan hukum, agar permasalahan serupa tidak menjadi hal sangar dan di takuti oleh masyarakat.

Bahwa Mahkamah Konstitusi (MK) mewajibkan eksekusi objek jaminan fidusia yang tidak diserahkan sukarela oleh debitur mesti mengikuti prosedur eksekusi putusan pengadilan yang berkekuatan hukum tetap.
Fidusia, menurut UU No. 42/1999 tentang Jaminan Fidusia, adalah pengalihan hak kepemilikan suatu benda atas dasar kepercayaan, dengan ketentuan bahwa benda yang hak kepemilikannya dialihkan tersebut tetap dalam penguasaan pemilik benda. Dan bukan dengan sistem jasa preman atau debt kolektor “Sambungnya”

Saya sedikit jelaskan juga bahwa pemilik benda bertindak sebagai pemberi fidusia (debitur), sementara penerima fidusia (kreditur) adalah pihak yang mempunyai piutang yang pembayarannya dijamin dengan jaminan fidusia dan telah di atur oleh UU.
Pasal 15 ayat (2) UU No. 42/1999 tentang Fidusia mengatur bahwa sertifikat jaminan fidusia mempunyai kekuatan eksekutorial yang sama dengan putusan pengadilan yang telah memperoleh kekuatan hukum tetap.
“Tindakan sepihak berpotensi menimbulkan tindakan sewenang-wenang dan kurang manusiawi baik fisik maupun psikis terhadap debitor yang acapkali mengesampingkan hak-hak pemberi fidusia seperti yang telah di atur oleh Putusan MK.

Bahkan MK mendeteksi inkonstitusionalitas dalam Pasal 15 ayat (3) UU 42/1999.
Nanti kami akan kupas tuntas lewat kasus ini. Dan tentunya kami mohon pihak lembaga sosial kontrol dan rekan media untuk turut mengawal terus hingga ending permasalahan ini. “Tutup Martinus Zebua SH”

Media Cyber Group (red)

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