Journal of Law and Social Politics
Vol. 4 No. 2 (2026): Journal of Law and Social Politics

Legal Protection of the Authority for Parate Execution of Fiduciary Collateral for Collection Companies and Financial Services Business Actors

Laoemoery, Sonny Alfian Blegoer (Unknown)
Dananjaya, Nyoman Satyayudha (Unknown)



Article Info

Publish Date
19 May 2026

Abstract

Background: The dynamic in the implementation fiduciary collateral in Indonesia after Constitutional Court Decisions Number 18/PUU-XVII/2019 and Constitutional Court Decision Number 2/PUU-XIX/2021. The influence of the Constitutional Court ruling has shifted the creditor-centric mechanisms for execution of fiduciary collateral as now it requires debtor consent or a court process. This change, in turn, has important implications for consumer protection in the financial services industry   and about the responsibilities of third-party collection companies. Objective: The purpose of this study is to analyze legal protection for financial services (PUJK) business actors and collection companies in connection with the implementation of fiduciary guarantee objects following several Constitutional Court verdicts, particularly POJK 22/2023 specifications. Method: Normative juridical legal research method, with Law No. The study is concerned with fiduciary collateral, the authority of PUJK and collection companies and consumer protection regulations. Results: The results of the research analyze legal developments through POJK 22/2023, which regulates fiduciary collateral execution and/or collection practice to provide a clearer line of guidance on the roles of PUJK and collection companies. Highlighting such initiatives are obligatory warning letters, official cooperation agreements as well as behavioral codes for collection activities. Conclusion: POJK 22/2023 is a step to improve legal certainty for PUJK and collection companies, by balancing the rights of creditors with consumer protection. Path forward will depend on positive regulatory developments to establish principle-based accountability standards for collection companies as well as to, harmonize fiduciary collateral execution mechanisms.

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Journal Info

Abbrev

jlsp

Publisher

Subject

Humanities Education Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

Description

The Journal Of Law and Social Politic provides a means for ongoing discussion of relevant issues that fall within the focus and scope of the journal that can be examined empirically. The Journal Of Law and Social Politic will publish scientific articles in the fields of education, including ...