Moenandar, Revandio Hendruno
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Pelaksanaan Jaminan Fidusia Di Masa Pandemi Covid-19 Moenandar, Revandio Hendruno; Akyuwen, Rory Jeff; Kuahaty, Sarah Selfina
TATOHI: Jurnal Ilmu Hukum Vol. 1 No. 10 (2021): Volume 1 Nomor 10, Desember 2021
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v1i10.861

Abstract

Introduction: The case of Credit Agreement and Debt Recognition with a fiduciary guarantee that occurred between Roberth Gomies as a debtor and PT. Sinar Mas Multifinance (PT. SMMF) as a creditor with a guarantee of 1 (one) unit of Public Transport Vehicle. In this case, the payment made by Robert Gomies experienced a payment delay due to the corona virus outbreak 19. So the vehicle used as credit collateral in the fiduciary agreement was forcibly/unilaterally withdrawn without the knowledge and permission of the debtor.Purposes of the Research: Knowing and Reviewing Forms of Protection for Fiduciary Guarantees in the Covid 19 Pandemic Period and Execution Mechanisms for Fiduciary Guarantees in the Covid 19 Pandemic Period. Methods of the Research: The method used is normative legal research. The research approach is a statutory approach and a conceptual approach. Sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The technique of collecting legal materials is through literature study and then analyzed through a perspective using qualitative methods.Results of the Research: The results of the study show that the procedure for withdrawing the object of fiduciary security must refer to the Regulation of the National Police Chief Number 8 of 2011 which is carried out by the creditor or his proxies must submit a request for securing the execution of the withdrawal of the fiduciary object which is made in writing addressed to the local police chief by attaching the following conditions: the following conditions, a. a copy of the fiduciary guarantee deed, b. a copy of the fiduciary guarantee certificate, c. A warning letter to the debtor to fulfill his obligations. d. The identity of the executor of the execution, e. Executioner's assignment letter. In addition, the Constitutional Court Decision Number 18/PUU-XVII/2019 has also provided legal certainty for fiduciary guarantee.
Legal Certainty of Court Decisions with Permanent Legal Force: Kepastian Hukum Putusan Pengadilan yang Berkekuatan Hukum Tetap Moenandar, Revandio Hendruno; Laturette, Adonia Ivone; Latupono, Barzah
PAMALI: Pattimura Magister Law Review Vol. 6 No. 2 (2026): JULY
Publisher : Postgraduate Program in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i2.3325

Abstract

Introduction: The implementation of the execution of court decisions that have acquired permanent legal force (inkracht) is one of the important aspects in upholding justice in Indonesia. However, in practice, many judgments cannot be implemented or executed in a timely manner, especially in civil disputes over land. Purposes of the Research: This research aims to analyze and explain the legal certainty of court decisions that have permanent legal force in accordance with Laws and Regulations Number 8 of 2004 concerning amendments to Law Number 2 of 1986 concerning the General Judiciary and Law Number 48 of 2009 concerning Judicial Power. Methods of the Research: This research is a normative legal research, which is a research that mainly examines positive legal provisions, legal principles, legal principles and legal doctrine in order to answer the legal issues faced. The legal materials used are primary legal materials and secondary legal materials and tertiary legal materials. The problem approaches used in this study are the Statute approach, the conceptual approach and the case approach. Results Main Findings of the Research: Based on the analysis of the executory power of court decisions that have permanent legal force (inkracht van gewijsde) is a fundamental element in ensuring legal certainty, justice, and protection of rights to the object of dispute. However, in practice, many decisions cannot be implemented effectively due to various obstacles, such as resistance from the respondent, intervention from external parties, weak support from law enforcement officials, and the existence of the land mafia. This problem causes legal uncertainty, losses for the winning party, and injures the authority of the judiciary and public trust in the rule of law. This study highlights the case of Determination of Execution Number 22/Pen.Pdt.eks/2018/PN Amb Jo Number 74/Pdt.G/1989/PN Amb as a concrete example of the weak implementation of execution. The author recommends strengthening coordination between institutions, revising regulations to simplify the execution process, imposing strict sanctions on parties who obstruct the implementation of judgments (contempt of court), and legal education to the public to foster awareness of the importance of respecting court decisions. This strengthening is expected to restore public trust in the judicial system and realize real legal certainty.