Interpretation of Judicial Review of The Law Number 42 of 1999 On Fiduciary Guarantee Regarding the Decision of Constitutional Court Number 18/PUU-XVII/2019

Abstract

The issuance of Decision of the Constitutional Court Number 18/PUU-XVII/2019 on Petition for Execution of the District Court triggers a conflict of interest, especially the interests of fiduciary recipients (creditors). The research questions in this study are First, how is the interpretation of the Judges of Constitutional Court in conducting a judicial review of Article 15 paragraph (2) of the Fiduciary Guarantee Law. Second, what is the view of legal experts and the public regarding the results of the judicial review of Article 15 paragraph (2) of the Fiduciary Guarantee Law. The results of this research show that the results of the judicial review issued in the decision of Constitutional Court Number 18/PUU-XVII/2019 apparently did not provide legal protection and legal certainty for fiduciary recipients in terms of carrying out the execution of fiduciary security objects.