PERLINDUNGAN HUKUM TERHADAP KREDITOR SELAKU PEMEGANG JAMINAN FIDUSIA DALAM PERJANJIAN PEMBIAYAAN DIKAITKAN DENGAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019

Abstract

The background of this research is that the fiduciary guarantee is a form of legal protection forcreditors as the holder of the fiduciary guarantee in the management agreement regulated inArticle 15 of Law No. 42 of 1999 concerning Fiduciary Guarantee. However, after the issuance ofthe Constitutional Court Decision Number 18 / PUU-XVII / 2019 which considers the provisions ofarticle 15 of the fiduciary guarantee Act regarding the executorial power of fiduciary recipientswho will abuse creditors, or in other words the fiduciary guarantee certificate has no legalcertainty. in the power of execution. Therefore, the aim of this study is to analyze the legalcertainty and protection of the execution of fiduciary guarantees in the agreement regulated bythe Decision of the Constitutional Court Number 18 / PUU-XVII / 2019. This research is a normativejuridical study but is also supported by empirical data so that it is researched data that comes fromliterature and court decisions. The results show that the legal certainty of the Fiduciary GuaranteeParate in the Financing Agreement is linked to the Constitutional Court Decision Number 18 / PUU-XVII / 2019, namely that creditor companies can still execute fiduciary objects as long as there areprovisions for default or default in the agreement of the parties as outlined in the deed. agreementand the debtor's willingness to submit the object of guarantee. The form of legal protection forcreditors as holders of fiduciary guarantees is linked to the Constitutional Court Decision Number18 / PUU-XVII / 2019 in a preventive manner, namely by making a financing agreement as outlinedin a deed and containing provisions related to default or default. Meanwhile, repressive legalprotection is that if the debtor does not admit to default, the creditor can file a lawsuit against thecourt, so that the court will determine the condition of the debtor's default.
 Keywords: Legal Protection, Fiduciary Guarantee, Financing Agreement