PERLINDUNGAN HUKUM PADA PERUSAHAAN ANJAK PIUTANG DENGAN TRANSAKSI TANPA AGUNAN

Abstract

In business activities, the need for additional capital is often a significant obstacle to business development, especially when entrepreneurs lack the collateral required to obtain bank loans. One alternative financing solution is through financial institutions, particularly factoring companies. Factoring is a financing activity in which a factor (factoring company) purchases short-term trade receivables from a client (the seller of the receivables) and manages the collection from the customer (the buyer of goods or services). One of the riskiest forms of factoring is Without Recourse Factoring, in which the factor bears full responsibility for the risk of uncollectible receivables without recourse to the client if the customer defaults. In practice, many cases of customer default occur, either due to financial incapacity or bad faith, such as deliberately avoiding payment obligations. This places the factor in a vulnerable position, exposed to potential significant financial losses. A case involving Sri Makmur Rice Mill (as the factor), Nabila Rice Store (the client), and Mirna Wholesale (the customer) illustrates such a situation, where the receivables could not be collected due to the customer absconding, resulting in substantial losses for the factor. Legal issues arise from the lack of strong legal protection for factoring companies, especially under without recourse agreements. Although regulations such as Presidential Decree No. 61 of 1988 and the Minister of Finance Decree No. 448/KMK.017/2000 concerning finance companies exist, they are deemed insufficient to provide legal certainty and protection. Therefore, it is crucial to strengthen the legal framework to ensure adequate protection for factoring companies and impose strict legal consequences on defaulting parties to promote a fair and reliable business environment.