relation: https://digilib.uin-suka.ac.id/id/eprint/66516/
title: EKSEKUSI JAMINAN FIDUSIA SEBELUM DAN SESUDAH PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019 YANG MELIBATKAN KEPOLISIAN DAERAH ISTIMEWA YOGYAKARTA
creator: Sasmiati Rizky Hasibuan, NIM.: 20103040095
subject: 348.598 Peraturan-Peraturan di Indonesia
description: Fiduciary guarantees in practice do not always allow the debtor to complete the performance of the existing agreement. In certain circumstances, the debtor may default, such as late payment or default, so that fiduciary execution is possible. Article 15 of the Fiduciary Law is the legal basis for the direct execution of fiduciary guarantees by creditors. However, after the Constitutional Court Decision Number 18/PUU-XVII/2019, there was a change. The decision changed the execution of fiduciary guarantees, which initially could be carried out directly by the creditor (parate execution), to be carried out based on the agreement of the parties. However, in order for the execution of the fiduciary guarantee to run peacefully and safely, the creditor may request the assistance of local police security. This security by the local police is based on Perkapolri No. 8/2011. This research examines its implementation at the Yogyakarta Police. Therefore, the formulation of the problem arises: How is the use of parate execution rights by creditors in fiduciary security objects before and after Constitutional Court Decision Number 18/PUU-XVII/2019? How is the effectiveness of the execution of fiduciary guarantees by the police based on Perkapolri No. 8/2011 concerning Securing the Execution of Fiduciary Guarantees before and after Constitutional Court Decision Number 18/PUU-XVII/2019?  This research is an empirical juridical research conducted by examining secondary data first. Then it is continued by conducting research on primary data in the field in the form of interviews with fiduciary/creditor service providers, namely BMT As-Salam and BMT Bangun Rakyat Sejahtera, as well as the Yogyakarta Special Region Police (Polda DIY). The data obtained will then be analyzed qualitatively and processed deductively so as to answer the formulation of existing problems.  The result of this research is that in the practice of using the right of parate execution of fiduciary guarantees by BMT As-Salam and BMT Bangun Rakyat Sejahtera both before and after the Constitutional Court Decision Number 18/PUU-XVII/2019 there is no significant change in the practice of using the right of parate execution. This is because the two BMTs have basically implemented the changes in the norms in the Fiduciary Law based on the Constitutional Court Decision Number 18/PUU-XVII/2019 even before the Decision itself. As for the Yogyakarta Police, the implementation of security for the execution of fiduciary guarantees is still guided by Perkapolri No. 8/2011. So that the Perkapolri No. 8/2011 remains effective. However, in practice in the field there are discrepancies with the applicable regulations, be it with Perkapolri Number 8/2011 itself or with the Fiduciary Law and Constitutional Court Decision Number 18/PUU-XVII/2019.
date: 2024-07-04
type: Thesis
type: NonPeerReviewed
format: text
language: id
identifier: https://digilib.uin-suka.ac.id/id/eprint/66516/1/20103040095_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf
format: text
language: id
identifier: https://digilib.uin-suka.ac.id/id/eprint/66516/2/20103040095_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf
identifier:   Sasmiati Rizky Hasibuan, NIM.: 20103040095  (2024) EKSEKUSI JAMINAN FIDUSIA SEBELUM DAN SESUDAH PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019 YANG MELIBATKAN KEPOLISIAN DAERAH ISTIMEWA YOGYAKARTA.  Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.