Journal of Law & Policy Review
Vol 1, No 2 (2023): Journal of Law & Policy Review, December

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 (Unknown)
Kamelo, Tan (Unknown)
Sutiarnoto, Sutiarnoto (Unknown)
Yerfizawati, Yerfizawati (Unknown)



Article Info

Publish Date
29 Dec 2023

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.

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Journal Info

Abbrev

jlpr

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Journal of Law & Policy Review, is is a Journal of Law, Human Rights, Citizenship, Pancasila, Civic Education, Public Policy, Administration and Political Governance. The published paper is the result of research, reflection, and criticism with respect to the advantages and disadvantages of ...