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All Journal Formosa Journal of Applied Sciences (FJAS) Journal of Law & Policy Review
Kamelo, Tan
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Control & Systems Engineering Decision Sciences, Operations Research & Management Education Engineering Law, Crime, Criminology & Criminal Justice Social Sciences

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Eksekusi Objek Jaminan Fidusia Pasca Putusan Mahkamah Konstitusi Republik Indonesia Nomor 18/PUU-XVII/2019 JUNCTO 02/PUU-XIX/2021 (Studi Kasus Pengadilan Negeri Medan) Karna, Etha Pricilla; Kamelo, Tan; Sutiarnoto, Sutiarnoto; Yerfizawati, Yerfizawati
Journal of Law & Policy Review Vol 1, No 2 (2023): Journal of Law & Policy Review, December
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34007/jlpr.v1i2.442

Abstract

Fiduciary Security is a specific property guarantee granting creditors exclusive rights, including the ability to sell the collateral without a court order, known as parate execution, in the event of default. The execution of Fiduciary Security is governed by Law Number 42 of 1999 concerning Fiduciary Security, Article 15. The Constitutional Court Decision Number 18/PUU-XVII/2019 JUNCTO 02/PUU-XIX/2021 resulted from a constitutional review petition against Article 15 Paragraphs (2) and (3) of the law, leading to legal changes in the regulation and implementation of Fiduciary Security execution procedures. This study focuses on whether the decision aligns with Indonesia's legal system, the pre- and post-decision execution processes, and the legal analysis by judges at the Medan District Court. Using a normative juridical method, this research concludes that the Constitutional Court Decision provides a new interpretation of executory titles and breach of promise. Before the decision, creditors held executory titles during Fiduciary Security execution upon debtor breach, but post-decision, mutual consent between creditors and debtors is required. Challenges in implementing the decision in the Medan District Court arise from societal and cultural factors.
Settlement of Bad Credit that is Tied to Mortgage Guarantee by Voluntary Sale at Bank Rakyat Indonesia Padang Sidempuan Branch Khoirunnisa, Nabila; Kamelo, Tan; Harianto, Dedi; Andrianti, Syarifah Lisa
Formosa Journal of Applied Sciences Vol. 2 No. 11 (2023): November 2023
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/fjas.v2i11.6835

Abstract

The method used in this research is normative juridical research. The results of the research found that the legal provisions for resolving bad credit which are tied to mortgage rights that are sold voluntarily are related to the execution of mortgage rights objects. Mechanisms and procedures for resolving bad debts tied to mortgage rights sold voluntarily at PT. BRI Padangsidimpuan Branch in problem loans, the bank can take two methods or strategies, namely credit rescue and credit settlement. Obstacles that arise in the process of executing this voluntary sale, when the execution occurs, the debtor changes his mind/is uncooperative and does not want the mortgage object to be sold immediately, the debtor is complicated in carrying out the execution through a voluntary sale to resolve bad credit.  
Co-Authors Andrianti, Syarifah Lisa Dedi Harianto Karna, Etha Pricilla Khoirunnisa, Nabila Sutiarnoto Sutiarnoto Yerfizawati, Yerfizawati