EKSEKUSI SERTIFIKAT JAMINAN FIDUSIA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019

Abstract

Abstrak: This article aims discuss Fiduciary Guarantee after Constitutional Court decision. So far, meaning of phrase executorial and phrase the same as a court decision that has obtained permanent legal force, in article 15 paragraph (2) of Law Number 42 of 1999 concerning Fiduciary Guarantee, are interpreted differently and differ. First, it is interpreted as granting power / legitimacy fiduciary recipient (creditor) directly execute object of fiduciary guarantee in event that fiduciary (debtor) has committed a breach of promise, so that execution of fiduciary guarantee certificate can be carried out immediately without going through a court. Second, implementation of execution of fiduciary guarantee must still be carried out in accordance with procedure and mechanism of execution as in execution of court decisions that have permanent legal (inkracht van gewidj). The Constitutional Court in its decision number 18 / PUU-XVII / 2019 states, Article 15 paragraph (2) UUJF, in particular phrase executorial and phrase the same as court decisions having permanent legal force can only be said be constitutional as long as it is interpreted that to guarantee fiduciary, where there is no agreement on occurrence of default (default) and debtor objected voluntarily hand over object which is fiduciary guarantee, then all legal mechanisms and procedures in execution of Fiduciary Guarantee Certificate must be carried out and apply same as execution of court decisions has permanent legal force.