<![CDATA[Following Constitutional Court (CC) Decision Number 18/PUU-XVII/2019, as reinforced by CC Decision Number 2/PUU-XIX/2021, the enforcement of fiduciary security has undergone changes as a consequence of the interpretation of Article 15 of Law Number 42 of 1999 concerning Fiduciary Security. Creditors can no longer unilaterally enforce fiduciary security when there is no agreement regarding the occurrence of default and the voluntary surrender of the collateral object by the debtor. This study aims to examine the legal protection afforded to creditors in the enforcement of fiduciary security objects following CC Decision Number 2/PUU-XIX/2021. This study employs a normative legal research method using a statute approach and a conceptual approach. The results show that CC Decision Number 2/PUU-XIX/2021 affirms that fiduciary security may be enforced when the debtor acknowledges the occurrence of default and voluntarily surrenders the collateral object. This condition is considered not yet fully consistent with the principle of ḥifẓ al-māl, as the protection of the creditor’s property has not been optimally realized. Delays in the enforcement of collateral objects have the potential to cause losses to creditors due to a decline in the economic value of the collateral.]]>
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