Unilateral Execution of Fiduciary Collateral by Creditors Based on Constitutional Court Decision Number 18/PUU-VII/2019 in Bengkulu City

Dwi Putra Jaya (Universitas Dehasen Bengkulu)
Hurairah Hurairah (Universitas Dehasen Bengkulu)
Jepri Aprialdi (Universitas Dehasen Bengkulu)

Jurnal Multidisiplin
Vol. 3 No. 1 (2026): September

Fiduciary security carries executory power within credit agreements, granting the creditor—as the fiduciary recipient—the right to execute upon the collateral asset should the debtor default. Consequently, the author is interested in further examining the "Unilateral Execution of Fiduciary Collateral Objects by Creditors Based on Constitutional Court Decision Number 18/PUU-VII/2019 in Bengkulu City." Constitutional Court Decision Number 18/PUU-VII/2019 altered the process of executing fiduciary security; it established that creditors are not permitted to carry out execution independently (*parate executie*) but are instead required to file a petition for execution with the District Court so that a ruling with permanent legal force may be issued. However, in practice, creditors have not consistently adhered to this requirement, often proceeding without a court decision that possesses permanent legal force.