#club100||The Practice of Pawning Motorcycles in the Community of My District

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The Practice of Pawning Motorcycles in the Community of My District

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The urgent needs of life and the crush of the economy as well as the limited number of jobs make sometimes we are forced to pawn our assets including motorbikes to get money quickly.

One of the phenomena that occurs in my area is that many people in the community pawn their motorbikes to get money quickly in order to meet their various urgent needs, especially in the midst of a gloomy economic condition like today.

My article below is the result of my research and observations in several villages around where I live related to the phenomenon of motorbike pawning and also the problems that often occur from the practice of motorbike pawning.

For the photos in this post are illustrations only of my own motorcycle, not a photo of the transaction from the motorcycle pawn

From the results of research that I have done directly to the parties involved in the practice of pawning motorcycles, both motorcycle owners who pawned (rahin) and recipients of pawns (murtahin) by conducting direct interviews, the authors can describe the practice of bicycle pawning. motorcycles in Aron District through the following process:

1.Agreement Between Pawnshop and Pawnee

Based on the author's observations in the author's own village and the results of interviews with informants, before an agreement was reached, in terms of looking for parties who wanted to lend a certain amount of money by submitting a guarantee in the form of a motorbike and vice versa looking for a motorbike that the owner wanted to pawn, both of these things happened intentionally. by the owner of the motorbike or the party looking for the motorbike to be pawned.

Usually the owner of a motorbike who needs some money looks for himself by going directly to the house of the person in question (the person who is considered to have the money as much as needed), as did Mr. Faisal who pawned his motorbike to get some money to his friend who lives in the village. This kind of search is the easiest way for motorbike owners to borrow some money by handing over their motorbikes because the people they visit are people they already know.

The same thing was conveyed by Mr. Ismail who was looking for a motorbike owner who wanted to pawn his motorbike because he did not have a vehicle. In addition, there is also a process of pawning a motorcycle through the intermediary of another person who helps provide information about the motorcycle to be pawned.

Furthermore, the two parties will determine the amount of the mortgage on the motorbike, in determining the amount of the motorbike pawn between the pawner (rahin) and the recipient of the pawn (murtahin) bargaining often occurs, but based on the results of the author's interview with Mr. Imran who pawned his motorbike, It can be understood that the amount of the pledged money depends on the amount of money that the motorcycle owner wants to borrow and the ability to lend from the recipient of the mortgage as well as on the motorcycle itself such as the brand of the motorcycle, the condition of the motorcycle and the year of assembly, where usually the better the condition of the motorcycle and its height. the year the motorcycle was assembled, of course, the amount of the pawn price was getting bigger.

Regarding the agreed period of motorbike pawning, based on the results of the author's interview with Mr. Samsul Bahri as the pawn recipient who lent money with motorbike collateral, the pawnbroker and pawnee did not set a time benchmark based on months or years, but the motorbike pawn was valid. until the owner of the motorbike (the pawnbroker) returns the money he borrowed from the recipient of the pawn (Murtahin), after the debt is repaid, then the motorbike is returned to the owner.

2.Contract and Handover of Motorcycles

Akad is an expression of words between the owner of the motorbike as the pawnbroker (Rahin) and the recipient of the pawn (Murtahin) which aims to prove the agreement between the two parties that the practice of pawning the motorbike really happened. Based on observations and interviews that the author conducted with motorcycle owners as pawnbrokers (Rahin) with pawn recipients (Murtahin), most of their motorcycle pawning practices were accompanied by contracts (ijab and qabul).

After seeing firsthand the motorcycle to be pawned, agreeing on the amount of the loan requested, then the pawnbroker (Rahin) and the recipient of the pawn (Murtahin) perform the Ijab qabul followed by the submission of a debt loan to the motorcycle owner and the delivery of the motorcycle and its documents, namely a letter of registration number motorized vehicle (STNK) to the recipient of the mortgage (Murtahin).

From the author's observations and interviews, the contract and the delivery of the motorbike usually take place at the home of the debtor (the recipient of the pawn/Murtahin) and usually the contract is just a verbal agreement between the owner of the motorbike as the pawnbroker (Rahin) and the recipient of the pawn (Murtahin) who is not accompanied by witnesses. from the motorcycle owner as the pawnbroker (Rahin) and from the pawnee (Murtahin) because the motorcycle owner as the pawnbroker (Rahin) and the pawnbroker (Murtahin) already know and trust each other.

Usually both parties only make receipts indicating that they have received a certain amount of money as debt with a motorcycle guarantee as proof of the transaction between the two, sometimes there is no written evidence at all.

During the period of pawning, namely as long as the debt borrowed by the motorcycle owner has not been repaid, as is the common practice of pawning in society, the right to use the motorcycle is in the hands of the Murtahin (the recipient of the pawn), they generally use the pawned goods (motorcycles) in their daily lives. days, so this sometimes results in damage to the motorbike without the responsibility of the recipient of the pawn (Murtahin), because without an agreement to take care of it, it makes the recipient of the mortgage (Murtahin) who always uses the motorbike pawn item regardless of the damage.

3.Problems in the Practice of Motorcycle Pawning

From the results of interviews that the author conducted with research informants, in general there were not many cases or problems that triggered disputes between motorcycle owners as pawnbrokers (Rahin) and pawnbrokers (Murtahin). Small problems and disputes that occur between the owner of the motorcycle as the pawnbroker (Rahin) and the recipient of the pawn (Murtahin) who provide the loan can be caused by the following factors:

a) Motorcycle When Returned In Bad Condition

Among the things that cause problems between the motorcycle owner as the pawnbroker (Rahin) and the pawnee (Murtahin) is the condition of the motorcycle being returned to the pawnbroker (motorcycle owner) after he paid the loan to the pawnee, unlike at the beginning of the delivery. where the condition is experiencing problems and damage,

as conveyed by Mr. Imran that this happened because the recipient of the pawn who used the motorbike did not take good care of it because they thought it was not theirs and would be returned to the owner when the loan was repaid so that the recipient of the pawn only used it and when there is a slight damage or problem on the motorbike is left and no routine maintenance is carried out so that the damage gets worse. The condition of the motorbike was getting worse because it was used to go to the garden where the road condition was destroyed.

Based on the author's interview with Mrs. Susi Andika, S.Pd as the recipient of the pawn (Murtahin) who uses a pawn motorbike, for problems such as the above, between the owner of the motorbike as the pawnbroker (Rahin) and the recipient of the pawn (Murtahin) resolve it amicably between the two without involving other parties, where the recipient of the pledge is willing to bear half of the costs for repairing the damaged motorbike. Meanwhile, minor damage due to daily use such as tire wear and oil changes is fully borne by the motorcycle owner (Rahin).

b) The motorbike is taken by the leasing party because the pawnbroker does not pay the installments

Another thing that is sometimes a trigger factor for problems between motorbike owners as pawners (Rahin) and pawn recipients (Murtahin) in the practice of motorbike pawning as a result of motorbikes being used as collateral by the pawnbrokers is motorbike credit.

According to Mr. Mukhlis, the problem arose when suddenly the billing officer from leasing PT. FIF came to him and confiscated the motorbike which was used as collateral by the owner for the debt he had borrowed, the leasing party explained that the motorbike was a credit motorbike where the owner had not paid his credit installments for seven months. Because the motorcycle loan collateral had been confiscated by the leasing party, Mr. Mukhlis finally demanded the motorcycle owner to immediately pay off his debt to him.

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