PERLINDUNGAN HUKUM BAGI KREDITUR PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 2/PUU-XIX/2021 TENTANG EKSEKUSI OBJEK JAMINAN FIDUSIA

Ahmad Alwi Asagaf, NIM.: 18103040067 (2022) PERLINDUNGAN HUKUM BAGI KREDITUR PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 2/PUU-XIX/2021 TENTANG EKSEKUSI OBJEK JAMINAN FIDUSIA. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

To realize the development of the national economy, of course large funds are needed. One way is to carry out lending and borrowing activities by providing guarantees to financial institutions. The guarantee that is often used by the Indonesian people is fiduciary, because it allows ownership of ownership rights as collateral for debt repayment, not to be owned by fiduciary recipients (constitutum possessorium). After the decision of the Constitutional Court Number 2/PUU-XIX/2021 in its legal guarantee stated that the execution of Article 15 paragraph (2) of the fiduciary law, the implementation of which must go through the courts is only a related alternative. Therefore, this study aims to determine and analyze the legal protection for creditors and the execution of the object of fiduciary security after the decision of the Constitutional Court. This research is normative-empirical research. Normative-empirical research is a combination of library research and field research. This research is descriptive analytical. Data was collected by means of literature studies and field studies. Analysis of the data used is a qualitative method that is carried out logistically and systematically and analyzed related to further conclusions can be drawn in order to answer the problem. The results show that after the Constitutional Court Decision Number 2/PUU-XIX/2021 in terms of legal protection. It provides a balanced position between creditors and debtors with alternative solutions for creditors to carry out execution through court or not. If the ammount of collateral is large the creditors can apply to the court to obtain certainly and justice, otherwise if the value if the guarantee is small, the creditors can immediately execute it. The execution of the object guarantee can also be carried out directly following Article 29 paragraph (1) of the Fiduciary Guarantee Law but must still pay attention to the main agreement that the debtors is truly deemed to have defaulted. So that the main agreement becomes very important and must be carried out by both parties.

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