PERLINDUNGAN HUKUM TERHADAP KREDITUR ATAS EKSEKUSI OBJEK JAMINAN FIDUSIA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019

Tambunan, Bertua Putra (2024) PERLINDUNGAN HUKUM TERHADAP KREDITUR ATAS EKSEKUSI OBJEK JAMINAN FIDUSIA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019. S2 thesis, universitas jambi.

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Abstract

ABSTRACT 1 This research aims: 1) To determine and analyze the form of execution of Fiduciary Guarantee Objects when Debtors Default after the Constitutional Court Decision Number 18/PUU-XVII/2019 which provides a sense of justice for Creditors; 2) To find out and analyze the form of execution of fiduciary collateral objects when the debtor breaks his promise after the Constitutional Court decision number 18/PUU-XVII/2019 which provides a sense of justice for creditors. As for the problems in this research: 1) What is the form of execution of fiduciary collateral objects when the debtor is injured Promises after the Constitutional Court Decision Number 18/PUU-XVII/2019 which provide legal certainty 2) What is the legal protection for creditors after the Constitutional Court Decision Number: 18/PUU-XVII/2019. The research method used is the normative juridical research method and the approaches used are the Conceptual Approach, Legislative Approach, Historical Approach and Case Approach. Analysis of the legal materials used in this research was carried out using descriptive analytical research methods, the data analysis used was a qualitative approach to primary and secondary data. The results of the research show that 1) That the execution of fiduciary collateral objects after the Constitutional Court Decision Number: 18/PUU-XVII/2019 experienced significant changes in that initially execution was carried out by parate execution or direct execution or execution of collateral objects without the need for a court decision. changed Execution of fiduciary collateral objects by means of parate execution can only be carried out if the Debtor surrenders the fiduciary collateral object voluntarily, but if the Debtor is reluctant to hand over the fiduciary collateral object then the execution procedure is equated with carrying out the execution of a district court decision which has permanent legal force and if the Debtor denies that If he has committed a breach of contract, the creditor must file a civil lawsuit. So the executorial power possessed by the Fiduciary Guarantee Certificate is lost if the Debtor is reluctant to hand over the fiduciary collateral object and denies that he has been in breach of contract. 2) That Law Number 42 of 1999 concerning Fiduciary Guarantees since Constitutional Court Decision Number: 18/PUUXVII/2019 no longer provides legal protection for Creditors. Creditors can only enjoy their right to carry out direct execution only if the Debtor surrenders the fiduciary collateral object voluntarily and if this is not done voluntarily then its executorial power will disappear so that Creditors can get legal protection to enjoy their rights, it is necessary to create new legal regulations that can protect Creditors and Also debtors equally. Suggestions 1) Active supervision from OJK 2) Renewal of the Fiduciary Guarantee Law Keywords, Legal Protection, Creditors, Post, Constitutional Court Decision Number 18/PUU-XVII/2019

Type:	Thesis (S2)
Subjects:	K Law > K Law (General)
Depositing User:	Bertua Putra Tambunan
Date Deposited:	15 Mar 2024 03:23
Last Modified:	15 Mar 2024 03:23
URI:	https://repository.unja.ac.id/id/eprint/62053

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