ANALISIS KEWENANGAN PENYELESAIAN SENGKETA PEMBIAYAAN MURABAHAH DENGAN JAMINAN FIDUSIA ANTARA PT ADIRA DINAMIKA MULTI FINANCE DENGAN DH BERDASARKAN PUTUSAN NOMOR 69/Pdt.Sus-BPSK/2025/PN PDG

Abstract

A murabahah financing dispute secured by a fiduciary guarantee between PT Adira
Dinamika Multi Finance and DH was submitted to the Consumer Dispute Settlement
Agency (BPSK), although the object of the dispute concerns breach of contract and the
execution of a fiduciary guarantee within the scope of civil law. This condition creates
uncertainty regarding the limits of authority between BPSK and judicial institutions. The
research problems are: 1) Who has the authority to resolve the murabahah financing
dispute with a fiduciary guarantee between PT Adira Dinamika Multi Finance and DH
based on applicable legal provisions? 2) How is the settlement of the dispute based on the
Padang District Court Decision Number 69/Pdt.Sus-BPSK/2025/PN Pdg? 3) What are the
judge’s considerations in annulling the Decision of the Padang City Consumer Dispute
Settlement Agency Number 04/PTS/BPSK-PDG/SBR/ARBT/III/2025? The results show
that: 1) Murabahah financing disputes with fiduciary guarantees relate to proprietary
rights, therefore their resolution falls under the jurisdiction of the court. 2) The Padang
District Court annulled the BPSK decision because BPSK lacked authority to examine the
dispute. 3) The judge’s considerations were based on statutory provisions governing the
authority of dispute resolution institutions