Abstract
The Constitutional Court's Decision Number 18/PUU/XVII/2019) brings new changes to the procedure for implementing the execution of the guarantee object. The fiduciary recipient or creditor can no longer execute the object of the guarantee unilaterally, forcibly using the services of a third party to withdraw the object of the guarantee from the hands of the debtor or fiduciary giver who is in breach of contract. This research is classified as normative legal research, namely research that examines the legislation in a coherent legal system. Based on the decision of the Constitutional Court, Article 15 Paragraph (2) and Paragraph (3) are declared still valid and have legal force, the meaning of these articles is limited by the execution in the field, namely: Has there been an agreement on breach of contract (default) between the parties? Does the debtor have no objection to voluntarily surrendering the object as a fiduciary guarantee? Even though the fiduciary guarantee certificate has an executive title which means that it can be implemented as a court decision that has permanent legal force, the procedure or procedures for the execution of the fiduciary certificate must follow the procedures for carrying out the execution as referred to in Article 196 HIR or Article 208 RBg.. Keywords: execution, guarantee, fiduciary DOI: 10.7176/JLPG/81-07 Publication date: November 30 th 2022
Highlights
Urbanization is treated to be a global phenomenon and it is taking place at a speedy rate in many of the least developed and developing countries of the world
It is not at all expected that road accidents will be totally removed from the country
The way to control road accident is in our hand as it is not a natural disaster
Summary
Urbanization is treated to be a global phenomenon and it is taking place at a speedy rate in many of the least developed and developing countries of the world. Among the remarkable unban cities of Bangladesh like Dhaka, Chattogram, Rajshahi and Khulna mainly the Dhaka and Chattogram are suffering serious traffic problem along with other inconveniences like insufficient drainage, unplanned housing, water, gas and electricity load shedding (Osman, 2010) Such accident in road all over Bangladesh is harming the economic and environmental development of the country and such agony seems to be beyond control. According to the report of Bangladesh Road Transport Authority (BRTA) in 2016, around 2,166 people die every year due to road accidents Another private report of NISBA says that 2.316 road crashes took place in 2016 where almost 4,144 people lost their lives along with 5,225 people got injured. After a long research over last 10 years by Analysis BD it is seen that approximately 63,000 people died in road accidents According to this statistics in 2018 near about 3,132 people died due to road crashes. Issues regarding different road users, road, roadside factors and environment should be considered as these involve very complex matters
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