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Rangkoly, Mavelda Regina
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Economics, Econometrics & Finance Social Sciences

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Legal Analysis of The Auction Process in The Fiduciary Guarantee Execution System Habibie, Muhammad; Nugraha, Rais Rahmat; Rangkoly, Mavelda Regina; Maskanah, Ummi
Golden Ratio of Data in Summary Vol. 5 No. 1 (2025): November - January
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grdis.v5i1.938

Abstract

The auction process in the fiduciary guarantee execution system is integral to resolving debt-debt disputes involving movable goods collateral. This research aims to analyze the legal aspects related to implementing auctions in the execution of fiduciary guarantees, which refers to the provisions of Law No. 42/1999 on Fiduciary Guarantees. The main focus of this research is to examine the auction procedure, the rights and obligations of the parties involved, and potential disputes that may arise during the process. In addition, this study evaluates the applicability of precautionary principles and the protection of debtor rights in executing auctions. The analysis results show that although the law has regulated the execution of fiduciary guarantees in detail, some challenges remain, such as unclear auction procedures and potential abuse of authority by creditors. Therefore, this study recommends stricter law enforcement and strengthening supervisory mechanisms in the auction process to protect debtors' rights and achieve justice.
Legal Analysis of The Auction Process in The Fiduciary Guarantee Execution System Habibie, Muhammad; Nugraha, Rais Rahmat; Rangkoly, Mavelda Regina; Maskanah, Ummi
Golden Ratio of Data in Summary Vol. 5 No. 1 (2025): November - January
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grdis.v5i1.938

Abstract

The auction process in the fiduciary guarantee execution system is integral to resolving debt-debt disputes involving movable goods collateral. This research aims to analyze the legal aspects related to implementing auctions in the execution of fiduciary guarantees, which refers to the provisions of Law No. 42/1999 on Fiduciary Guarantees. The main focus of this research is to examine the auction procedure, the rights and obligations of the parties involved, and potential disputes that may arise during the process. In addition, this study evaluates the applicability of precautionary principles and the protection of debtor rights in executing auctions. The analysis results show that although the law has regulated the execution of fiduciary guarantees in detail, some challenges remain, such as unclear auction procedures and potential abuse of authority by creditors. Therefore, this study recommends stricter law enforcement and strengthening supervisory mechanisms in the auction process to protect debtors' rights and achieve justice.
Co-Authors Habibie, Muhammad Hj. Ummi Maskanah Nugraha, Rais Rahmat