The Creditor's Position After the Constitutional Court's Decision on the Examination of Article 15 of the Fiduciary Guarantee Law

Andi Sri Rezky Wulandari (Universitas Muslim Indonesia)
Mira Nila Kusuma Dewi (Universitas Indonesia Timur)
Nurmiati Nurmiati (Universitas Indonesia Timur)

Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 23 No. 2 (2024): Pena Justisia

The Constitutional Court Decision Number 18/PUU-XVII/2019 provides a transformation regarding the process of execution of fiduciary guarantees by creditors against debtors by changing the substance of the regulation that cannot be carried out unilaterally without permanent legal standing. The purpose of this research is to look further after the Constitutional Court's decision regarding the position of execution on financing that provides loans to creditors. This research method is a normative research that examines the decision of the Constitutional Court regarding the execution of fiduciary guarantees. The results of this study show that first, the essence of the Constitutional Court's decision is that execution by financing institutions cannot be carried out unilaterally before the court gives an official decision. Secondly, that the decision only shows specifically between debtors and creditors so that this decision cannot be used as a legal argument related to other auction processes and including as a basis for changes in legislation related to auctions outside the problems between debtors and creditors. The implication of this decision is that the institution cannot take actions outside of the court decision.