<![CDATA[The arbitrariness of creditors in carrying out parate executions is very disturbing and causes material and immaterial losses for debtors, this is because there are inappropriate norms in a quo article in the form of the phrase that the strength of a fiduciary guarantee certificate is equal with a valid court decision. fixed law and the phrase breach of contract. This research aims to describe changes in the implementation of parate execution as regulated in Article 15 paragraph 2 and paragraph 3 of Law 42/1999 before and after the Constitutional Court Decision and the implications of the Constitutional Court decision for the current fiduciary concept. This research uses a type of normative juridical research. The research results show that Article 15 paragraphs 2 and 3 conflict with the 1945 Constitution, this is because the basic norms contained in this Article do not have a single interpretation so they can be misused by creditors against debtors. With the Constitutional Court’s decision regarding the material review of the a quo article, it provides a clear picture of the current fiduciary guarantee mechanism. In order to follow up on justice and equality between debtors and creditors, it is necessary for the government to play a role in regulating it more efficiently.]]>
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