This study examines the legal protection for creditors against non-confiscated borgtocht guarantees. Borgtocht guarantees, as a form of personal guarantee, often face challenges in their implementation, especially when they are not officially registered. This study uses normative research and legislative approaches to examine various legal rules as the focus of research using primary and secondary legal materials. This study shows that legal uncertainty arises due to the Constitutional Court's decision that limits creditors' rights in executing fiduciary guarantees, as well as the need to register guarantees to ensure legal certainty. In addition, the study highlights the importance of stronger legal protections for creditors to prevent losses due to debtor defaults.
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