Collateral Object Research Articles

Legal Protection for Creditors Who Recipient of Motor Vehicle Fiduciaries After Constitutional Court Decision Number 18/PUU-XVII/2019 & Number 2/PUU-XIX/2021 (Study at BRI Finance Malang Branch)

Fiduciary is a material guarantee which is a development of other material guarantees, namely Pawning. This development is a living need in society because pawning collateral which requires control of the pledged collateral object by the creditor is felt to be less supportive of business because the debtor cannot benefit from the collateral object so material collateral is needed which is more beneficial for the debtor but also the creditor's interests can still be protected. Execution of fiduciary guarantees can be carried out in accordance with article 29 UUJF, namely if the debtor or fiduciary person breaks his promise, the execution of the object that is the object of fiduciary guarantee point 1 above is the priority given by the material guarantee institution which is referred to as Parate execution, which is regulated in Article 15 paragraph (3) of the Fiduciary Guarantee Law (hereinafter abbreviated to "UUJF") which states that "If the debtor breaks his promise, the fiduciary recipient has the right to sell the object that is the object of the fiduciary guarantee under his own authority." The research method used is the Socio Legal Research Method or commonly used as empirical juridical research. Empirical legal research, namely data obtained directly from the community as the first source through field research. The research location is at the BRI Finance Malang Branch Office which is one of BRI's subsidiary entities which operates in the financing sector located in Malang City. One of the financing products from BRI Finance is Multipurpose Motor Vehicle Ownership Credit where the collateral is a motor vehicle tied to the institution fiduciary material guarantee. The results of the research show that the execution of credit collateral in the form of a motor vehicle tied to a fiduciary with the Constitutional Court decision Number 18/PUU/XVII/2019 which is confirmed by the Constitutional Court decision No.2/PUU-XIX/2021 becomes weaker because the creditor's preference rights are limited. The institution granted fiduciary material guarantees in the form of an execution parate cannot be carried out unilaterally because it must obtain the debtor's approval regarding the element of breach of contract/default and also the voluntary handover of fiduciary objects

HAK NASABAH PEGADAIAN BILA TERJADI PELELANGAN TERHADAP BARANG JAMINAN

Returns of loan money and capital leases that are not repaid by the specified time limit are carried out through auctions of customer collateral. If by the auction date the pledgor does not carry out his obligations, the collateral will be auctioned by the pledgee. This research aims to find out about the mechanisms and procedures for carrying out auctions for collateral objects. This research is sociological research with a qualitative approach. The data sources used by the author are primary data sources and secondary data sources. The problems that will be discussed in this research are the procedures for carrying out auctions for customer collateral and the obstacles in carrying out auctions. How to protect and overcome obstacles in carrying out auctions for customers' collateral. Auctions of collateral are carried out in 3 stages, namely, auction notification, auction preparation and auction implementation. However, not every auction of collateral can run smoothly, this is due to various obstacles in the implementation of the auction.

Eksistensi Container House sebagai Objek Jaminan Berdasarkan Hukum Jaminan di Indonesia

Container house is a building made of used containers hich is a movable object that can be modified into a house or residential place that is an immovable object. Therefore, if the owner of the Container house ants to collateralize the container it ill cause a gap between positive law and social facts related to hat collateral law ill be charged against the Container house. so the purpose of this study is to analyze the status of the container house in the perspective of existing laws in Indonesia and in the status of the container can the container house be used as a collateral object. The method used in this research is normative research method. The result of the research is that first, a container house is a movable object ith the characteristics of a physical building made from containers that does not require construction ork so it does not require a construction permit, can be transferred and has economic value. However, normatively, there are no laws and regulations governing it so that its ownership has no guarantee of legal certainty. Second, container houses can be charged ith fiduciary guarantees, so the execution of container houses is carried out in accordance ith Article 15 paragraph (2) of the UUJF if there is consent from the fiduciary. However, if the fiduciary grantor does not agree to surrender the object of the fiduciary guarantee, then the execution is carried out based on the Constitutional Court Decision Number 18/PUU/XVII/2019, namely through a court order.

Analysis of Intellectual Property Rights as an Object of Fiduciary Guarantee on Banking Credit

This writing aims to analyze Intellectual Property Rights as an object of fiduciary guarantee, which until now cannot be said to be maximal, because banks and guarantee institutions have not been able to accept copyright patent rights as fiduciary collateral. There are no clear methods and regulations regarding the basis of Intellectual Property Rights themselves, one of which is regarding the value of the rights attached to intellectual property. This paper discusses the issue of intellectual property rights as an object of fiduciary collateral for credit in banking and how in the future patents and copyrights can be used as objects of fiduciary collateral in banking properly. The theories used in analyzing the problem are legal system theory, ownership theory and fiduciary guarantee theory. The method used in this research is normative legal research which was carried out as an effort to obtain the data needed for the problem. The data used is secondary data and tertiary legal materials. The primary data is used as supporting secondary legal material. And data analysis was carried out using qualitative juridical analysis methods. From the results of this research, it can be seen how the position of patents and copyrights as intangible assets should be used as objects of fiduciary guarantees in banking, by adding the words Intellectual Property Rights regarding guarantees to the Bank Indonesia Regulations (PBI). And what is the concept of examination and assessment of the economic value of intellectual property rights, especially patents and copyrights, which will be used as a reference in calculating financial and legal risks for collateral recipients in future implementation.

Problems in the Implementation of Mortgage Rights Based on Law No. 4 of 1996 Concerning Mortgage Rights

After the enactment of Law No. 4 of 1996 on Mortgage Rights (hereinafter referred to as UUHT), the provisions for the execution of Mortgage Rights are regulated under Article 20 of UUHT, which provides three alternative methods that creditors can use to execute the collateral object of the mortgage in the event of a debtor's default. These methods are: 1) parate executie, 2) execution based on the executorial title contained in the Mortgage Certificate, and 3) sale by private treaty. These steps can be taken if the debtor is in breach of contract. However, in practice, these mechanisms need to be reviewed in greater depth to determine whether they can be implemented, as Article 26 stipulates that 'as long as no regulations are enacted, the execution shall refer to the provisions regarding the execution of hypothec existing at the time of the enactment of this Law.' The term 'regulations to be enacted' should refer to 'Government Regulations' (as implementing regulations of the law), and the 'provisions regarding the execution of hypothec existing at the time of the enactment of this Law' as explained in Article 26 of UUHT refers to Article 224 of the HIR, which stipulates that bodily coercion can only be carried out after being authorized by a court decision. This creates practical problems, leading some to argue that even though the execution of Mortgage Rights is regulated under Article 20 of UUHT, in the absence of 'Government Regulations' (as further implementing regulations concerning the execution of mortgage rights under the Mortgage Law), any public sale (auction) of the object of mortgage rights must still go through the fiat of the Chief Judge of the Court as stipulated in Article 224 of the HIR. On the other hand, some believe that the fiat of the Chief Judge of the Court as stipulated in Article 224 of the HIR is unnecessary, as Article 20 of UUHT already provides for parate executie, which can serve as an alternative in the execution of Mortgage Rights, allowing the creditor to directly apply for auction without a court fiat.

Liability for the Destruction of Collateral Object of Fiduciary Guaran-tee in Uninsured Murabahah Bil Wakalah Financing

Liability for the Destruction of Collateral Object of Fiduciary Guaran-tee in Uninsured Murabahah Bil Wakalah Financing

Legal Protection of Debtors for Fiduciary Collateral Objects Whose Debts Have Been Paid Off Based on the Fiduciary Guarantee Law and Government Regulation Number 21 of 2015

Fiduciary Guarantee is an accessory agreement that follows the principal agreement it guarantees. If the principal agreement ends, the Fiduciary Guarantee agreement also ends. However, the recording of the encumbrance and granting of the Fiduciary Guarantee contained in the Fiduciary Guarantee Register Book at the Fiduciary Registration Office can be crossed out or deleted (roya) if requested by the Fiduciary Beneficiary (Article 25 paragraph (3) of Law No. 42/1999 on Fiduciary Guarantee). Legal protection is provided in the event of full repayment or repayment of the debt secured by the Fiduciary Guarantee Object. Based on Article 25 paragraph (1) of Law No. 42/1999, this is one of the reasons for fiduciary abolition. The Fiduciary is obliged to notify the abolition of the Fiduciary Guarantee to the Fiduciary Registration Office so that the Fiduciary Guarantee can be removed from the Fiduciary Guarantee Register Book. The nature of the Fiduciary Guarantee depends on the existence of the receivables whose repayment is guaranteed. If the receivables are written off due to debt repayment or disposal, the related Fiduciary Guarantee is automatically deleted. If the Creditor does not perform the deletion, the Debtor may take legal action, either through litigation or non-litigation. An obstacle to legal protection for the Fiduciary is if the Fiduciary does not complete the Fiduciary Guarantee Certificate online. Law No. 42/1999 and its implementing regulation, PP No. 21/2015, do not include sanctions for the Fiduciary or its representative if the Fiduciary Guarantee Certificate is not done. This results in no legal certainty over the object of the Fiduciary Guarantee if the Fiduciary does not perform it, because the object used as collateral remains registered with the Ministry of Law and Human Rights and the Fiduciary Guarantee Certificate is still considered valid and cannot be re-registered in accordance with Article 17 paragraph (2) of Government Regulation No. 21 of 2015.

Perlindungan Hukum Terhadap Debitor Terhadap Penarikan Objek Jaminan Yang Masih Terikat Dalam Hubungan Perlindungan Angsuran Kreditur Debitur

Finance companies in providing financing credit to their consumers use a Fiduciary guarantee system. Legal protection for debtors upon withdrawal of fiduciary collateral objects following the constitutional court decision Number 2/PUU-XIX/2021 has been regulated in a preventive and repressive manner. Preventively, legal protection for debtors upon withdrawal of fiduciary collateral objects has been regulated in the provisions of the Fiduciary Guarantee Law which was then confirmed in the Regulation of the Minister of Finance of the Republic of Indonesia Number 130/PMK.010/2012. Apart from that, preventive protection is also emphasized in the Constitutional Court Decision Number 2/PUU-XIX/2021 in conjunction with the Constitutional Court Decision 18/PUU-XVII/2019. If the debtor objects to having his vehicle taken, the leasing party or debt collector may not take the vehicle by force. This vehicle may be taken if there has been a court decision with permanent legal force. What the public needs to know is that the way to enforce unlawful acts committed by consumers who are in arrears on motor vehicle loans is by applying for execution in court, not by being taken by force. as for how to deal with Finance business actors and Debt Collectors who carry out their work.

Prototype of Fiduciary Guarantee in Islamic Law

Fiduciary guarantees are material guarantees, which at first glance have similarities to pledge guarantees in Islamic law. This research will attempt to answer three main problems, what is the prototype of fiduciary guarantees in the thinking of scholars from the four schools of jurisprudence? What are the reasons and arguments put forward by these scholars regarding the four crucial factors related to fiduciary? Whose opinion is closer to fiduciary guarantees in Indonesia? The research results conclude that the prototype of fiduciary guarantees in Islamic economics already exists. This prototype can be seen from four crucial factors in the practice of fiduciary guarantees, namely the handover of collateral objects, control of collateral objects, use of collateral objects by the debtor and the creditor's rights if the debtor defaults when projected into the collateral. Of the four factors of fiduciary guarantees, the majority of ulama, namely Hanafiyah, Malikiyah, Syafi'iyah and Hanabilah, have the same opinion. They only differ regarding the execution of collateral if the debtor defaults. The reason they developed in relation to the four crucial factors in fiduciary guarantees is that the handover of marhun is an absolute characteristic of the existence of a rahn contract. While in control of the collateral or marhun, seeing that the marhun is rahin's property and then the control rights are transferred to the murtahin, rahin will be able to borrow the original marhun with the murtahin's permission. Including when borrowing marhun from the murtahin's custody rights, the rahin can also use the marhun with the murtahin's permission. In connection with the crucial factors that exist in the practice of fiduciary guarantees, it is the opinion of Syafi'iyah scholars that is closest to fiduciary guarantees.

Konten Youtube Sebagai Jaminan Bagi Pelaku Ekonomi Kreatif Dalam Perspektif Hukum Jaminan

YouTube content copyright is an object that moves and has no form, so it can be the object of fiduciary guarantees from financial institutions. However, this provision has given rise to many interpretations because it does not specifically regulate the criteria for YouTube content copyright which will be the object of fiduciary guarantees. Therefore, the author examines the legal certainty and facilitation of schemes for creditors holding fiduciary guarantees over YouTube content copyright objects. The research is normative legal research using a statutory approach and a conceptual approach, which is carried out by analyzing primary legal materials and secondary legal materials. The results of this research are Law Number 10 of 1998 concerning Amendments to Law Number 7 of 1992 concerning Banking, ordering banks to implement the principle of prudence in assessing customer personality, customer business and collateral objects in the form of YouTube content copyrights. carry out credit distribution. If there is a default in the credit agreement, based on Law Number 42 of 1999 concerning Fiduciary Guarantees, the creditor can execute the YouTube content copyright which is the object of the collateral.

Pelaksanaan Eksekusi Barang Jaminan pada PT. Nusa Surya Ciptadana Cabang Soe dalam Perspektif Undang-Undang Nomor 42 Tahun 1999 Tentang Jaminan Fidusia

The purpose of this research is to analyze the implementation of the execution of collateral at Pt. Nusa Surya ciptadana soe branch in the perspective of Law Number 42 of 1999 concerning fiduciary guarantees. The research method used is empirical research so that the data sources used are primary data sources and secondary data. Primary data is obtained from interviews with sources and secondary data by visiting objects to obtain the necessary information. The conclusion of this research is that in the process of executing a collateral object at PT Nusa Surya Ciptadana Soe Branch, it is carried out in accordance with the provisions of Article 29 paragraph (1) letter c and the provisions of Article 15 paragraph (3) of Law Number 42 of 1999 concerning Fiduciary Guarantees. The legal consequences arising against the debtor, namely the existence of an agreement so that the creditor in withdrawing fiduciary collateral goods is not secured by the police and not through a letter of determination through the district court, causing an imbalance in the position between the creditor and the debtor. Based on this research, the researcher suggests that the financing institution in withdrawing and selling the fiduciary guarantee object needs to make a derivative regulation of the Constitutional Court's decision governing the implementation of the execution of fiduciary guarantees in order to maintain a balance so that the proceeds from the sale of the guarantee object do not harm both parties can change the provisions in the Fiduciary Guarantee Law regarding when the debtor is said to be in breach of promise and the need to outline the mechanism of the District Court guidelines. For the Community, before agreeing to a principal agreement, it is necessary to understand the contents of the clause of an agreement so that the desired breach of promise does not occur.

Renewal of Intellectual Property Execution Auction Regulations to Support Creative Economy Actors Financing Schemes

Government Regulation Number 24 of 2022 concerning the Implementation of Law Number 24 of 2019 concerning the Creative Economy aims to optimize intellectual property as credit or financing collateral for creative economy actors. From the banking side, intellectual property as an object of collateral cannot be implemented for various reasons, including those related to the execution of intellectual property in the event of bad credit or financing. Eventhough auction regulations recognize intellectual property as intangible assets that can be executed, they still don’t provide legal certainty for both creditors and debtors. This research aims to analyse regulatory constraints in intellectual property execution auctions and renewal in auction regulations that need to be carried out to support creative economy financing schemes. This research uses a normative juridical approach with analytical descriptive research specifications and qualitative juridical data analysis. Based on the research, the following results were obtained: Although intellectual property is recognized as an object of execution auctions, regulation haven’t provide certainty regarding the execution mechanism, especially regarding the transfer of intellectual property rights. So, the idea is to make the rules stricter so that execution auctions can support intellectual property-based financing schemes for people working in the creative economy.

Legal Protection For Cessionaris Of Fiduciary Collateral Objects In The Form Of Receivables Through Cessie As A Form Of Transfer Of Taxable Goods

The existence of a collateral object is intended as a form of protection for creditors if the debtor experiences delinquency, which makes it easier for creditors to collect repayment from the collateral object. However, in terms of the object of collateral in the form of accounts receivable, how valid is it as a form of transfer through a cessie. The normative legal approach using the statute approach is applied in the research methodology of this research. The results of the analysis show that the parties most at risk in transferring fiduciary collateral with objects of receivables through a cessie are Cedents (old creditors) and Cessionaris (new creditors). On the other hand, even though there is destruction of the collateral object on the transferred receivable due to payment by the debtor, the tax that has been credited cannot be adjusted in value. Therefore, it is very detrimental for cedents and cessionaries to deal with these problems.

Aspek Hukum Penggunaan Jasa Pihak Ketiga (Debt Collector) oleh Pihak Leasing Berdasarkan Peraturan Otoritas Jasa Keuangan Nomor. 35 Tahun 2018 dalam Upaya Penagihan Kendaraan Roda Dua terhadap Debitur yang Melakukan Wanprestasi

The purpose of this study is to analyze the legal aspects of the use of third party services (debt collectors) by leasing parties based on Financial Services Authority Regulation No. 35/2018 in efforts to collect two-wheeled vehicles against debtors in default. 35/2018 in efforts to collect two-wheeled vehicles against debtors who make defaults The type of research in this study is normative legal research. The research in question is research that has characteristics including gaps in legal norna / principles, does not use hypotheses, uses theoretical foundations / theoretical studies and uses legal materials consisting of primary legal materials, secondary legal materials and tertiary legal materials. The results of this study indicate that: (1) The position of debt collectors in the leasing company is as a collection officer not an execution officer, execution can only be carried out by a bailiff with a court decision as in Article 32 of the Fiduciary Guarantee Law paragraph (2). The legal relationship between debt collectors (collection service companies) and creditors, namely debt collectors when carrying out their duties, act based on the power of attorney given by the finance company to the debt collector to collect or collect collateral objects from debtors. Likewise, in POJK No.35/2018 article 50 Financing Companies can cooperate with other parties to carry out collection functions to Debtors. (2) The legal consequences of withdrawing motorized vehicles against debt collectors, debt collectors will be held criminally liable and sentenced to criminal sanctions as stipulated in the Criminal Code as criminal law in Indonesia if the implementation is not in accordance with procedures, as well as the creditor in this case leasing can be sued by the debtor and ask to compensate civilly for the act of withdrawing motorized vehicles by debt collectors if the withdrawal has violated existing provisions and violated the agreement agreed upon by the creditor and the debtor. However, if the implementation is in accordance with the procedure, it must be protected in accordance with applicable laws.

Responsibilities of a Notary in Making a Deed of Power of Attorney to Sell in a Debt and Receivable Agreement

In the debt and receivable agreement, a Power of Sale is usually also created, which sometimes gives rise to legal problems. This research aims to analyze the validity of the notarial power of attorney deed used as collateral for debts and receivables, as well as examine the civil responsibility of the Notary for the power of attorney deed made before him. The research method is normative juridical, which is analyzed qualitatively with deductive logic. The type of data used is secondary data. The results of this research are: first, The sale of collateral objects by creditors themselves can be carried out as long as the provisions of Article 20 paragraph (2) UUHT are met. selling the object of collateral rights, this agreement between the creditor and the debtor is an agreement agreed upon after a default by the debtor. In the event that the power of attorney deed that has been prepared by the creditor is signed simultaneously at the time of signing the credit agreement between the creditor and the debtor, then the power of sale deed is contrary to Articles 6 and 20 UUHT, so that such power of sale deed does not legally have any legal standing. Second, the Notary's responsibility for the deed of power of sale in a debt and receivable agreement made before him can be borne by the Notary if the error comes from the Notary, for example in the case that the author examined where Notary SN, in making the deed of power of sale, committed an unlawful act because he directed the debtor to sign the deed. which is still blank without explaining the purpose of the deed. So then the debtor is disadvantaged by the existence of the power of attorney deed, because by using the power of attorney deed, the creditor secretly transfers the debtor's collateral to a third party at a very low price, even though the debtor is not in default. In this case Notary SN can be burdened with civil liability, namely Unlawful Actions Article 1365 of the Civil Code.

Pembiayaan Berbasis Kekayaan Intelektual Akibat Wanprestasi oleh Para Pelaku Usaha Ekonomi Kreatif

The objects of debt collateral are generally objects that have a exists for (tangible asset) such as land, buildings, vehicles and so on. However, in Law concerning the Creative Economy, precisely in Article 16, it is explained that the government facilitates intellectual property-based financing schemes that have economic value for creative economy business actors which will be further regulated in a government regulation. In terms of supporting the use of intellectual property as collateral objects to obtain credit, the government issued Government Regulation no. 24 of 2019 concerning Implementing Regulations of Law concerning the Creative Economy. So that creative economy actors in this case can take advantage of these facilities to develop their potential. Based on this background, the author formulates two problem formulations, namely: how are intellectual property rights (IPR) regulated for creative economy businesses as objects of debt collateral? What are the resolution efforts if a dispute occurs due to default by creative economy business actors? This thesis research uses normative juridical methods with a statutory approach (statue approach) and conceptual approaches. The legal materials used are primary legal materials and secondary legal materials using the library study method of collecting legal materials with research analysis using deductive methods.

Legal Impact of Wiretapping Using GPS Trackers on Cars Fiduciary Guarantee Objects by Consumer Finance Companies

Purpose: The purpose of this research is to reviewing and analyzing the legal consequences for the act of wiretapping using a GPS Tracker without authority by consumer finance companies on cars subject to fiduciary collateral. Method: The research methodology normative legal research, the data required in this research is primary data in the form of statutory regulations and secondary data in the form of books, scientific papers and other supporting documents that have relevance to the research being conducted. The data analysis techniques used in the research This is by using a qualitative descriptive analysis method. Results and conclusion: Based on a literature review and regulatory analysis, this research identifies the act of wiretapping by installing a GPS Tracker carried out by Consumer Finance Companies on fiduciary collateral objects that are used by consumers without the consumer's knowledge, which if the consumer finds out later, then of course this will cause problems because consumers feel their privacy is disturbed. Due to this action, consumers can submit demands/lawsuits to BPSK in each district/city, even though in reality not all regions have BPSK institutions to resolve disputes between consumers and consumer finance companies due to lack of government attention. Research implications: The findings of this research have implications for policy makers, the business world, and other stakeholders in understanding the act of wiretapping by installing GPS Trackers carried out by Consumer Finance Companies on fiduciary collateral objects that are used by consumers without the consumer's knowledge, which if the consumer later finds out, So of course this will cause problems because consumers feel that their privacy is being disturbed. and the potential solution to this action is that consumers can submit demands/lawsuits to the BPSK located in each district/city. Originality/value: This research contributes to the existing literature by focusing on the intersection between consumers and consumer financing companies regarding the fiduciary security object of interception of GPS Tracker installations used by consumers without the consumer's knowledge.

Juridical Review of Copyright (Youtube Content) as an Object of Debt Guarantee in Bank According to Positive Law in Indonesia

This research aims to analyze the regulation of copyright on YouTube content as an object of debt collateral at banks, to analyze legal protection for creditors holding fiduciary guarantees on copyright on YouTube content, and to analyze the arrangements for executing fiduciary guarantees in the form of copyright on YouTube content. By using normative legal research methods. The results of this research show firstly, copyright for YouTube content as a collateral object has been regulated in Government Regulation Number 24 of 2022 concerning Implementing Regulations Implementing Regulations for Law Number 24 of 2019 concerning the Creative Economy. Second, the legal protection obtained by creditors as collateral holders is divided into two, namely preventive legal protection in the form of orders for banks to follow the precautionary principle when providing credit to customers, and the object of collateral provided by customers. Then, repressive legal protection in the form of orders for banks as creditors to impose sanctions such as fines, imprisonment and additional penalties given if a dispute has occurred as well as carrying out the execution of copyright on YouTube content. Third, arrangements for the execution of copyright on YouTube content in fiduciary guarantees can be implemented through transfer by written agreement in accordance with the provisions in Article 16 of Law Number 28 of 2014 concerning Copyright. Transfers by written agreement should be written down in the form of a notarial deed, then registered with the Directorate General of Intellectual Property Rights with an administrative fee charged. From the results of utilizing the economic rights inherent in the copyright for YouTube content, the creditor collects the repayment of the receivable. Dispute resolution can be done through litigation and non-litigation.

Perlindungan Hukum terhadap Kreditur Pasca Putusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019

After the Constitutional Court decision Number 18/PUU-XVII/2019, the execution of fiduciary collateral created a sense of injustice and lack of legal certainty for creditors as money lenders. This decision eliminates the Creditor's authority to execute fiduciary collateral objects, as previously stated in article 15 paragraph 3 of the fiduciary law. As a result, the Creditor experienced problems in executing the fiduciary guarantee object after the Debtor failed to fulfil its obligations. The purpose of this writing is to find out what the ideal form of legal protection for Creditors is after the Constitutional Court decision Number: 18/PUU-XVII/2019. The research method used in this research is normative juridical, which only focuses on legal materials using a conceptual approach and a statutory approach. The results of this research are Constitutional Court Decision Number: 18/PUU-XVII/2019 which has made the fiduciary law lose its role as the law establishing fiduciary guarantee institutions. Fiduciary guarantee certificate has lost its identity because the executorial power over the object of fiduciary guarantee which is considered to be the same as the district court decision no longer applies if the Debtor does not voluntarily hand over the object which is the object of fiduciary guarantee to the Creditor.

Execution Guarantee Fiduciary Consequence Debtor Default on Agreement Credit

<em>The result of the reformulation of the ideal of legal certainty is that there is a conflict regarding the meaning of legal certainty between debtors and creditors. Based on the definition of legal certainty according to Utrecht, debtors and creditors in practice cannot yet understand the limits of permissible and prohibited acts and there is still legal insecurity which causes arbitrariness. Many debtors are still embezzling fiduciary collateral objects, while many creditors are also carrying out forced withdrawals of fiduciary collateral objects. This analysis method uses a qualitative approach, namely to analyze the data used for normative aspects with a descriptive analysis method, namely describing the data in as much detail as possible regarding individuals and other symptoms. The aim of this method is to obtain and provide an overview of the data that has been obtained and relate them to each other with the aim of obtaining the truth. The fiduciary guarantee deed at least contains information regarding the identity of the parties entering into the fiduciary guarantee agreement, including the day, date and time. making a deed, data on the main agreement that is guaranteed by fiduciary, a description of the building which includes identification of the building and an explanation of the proof of ownership, the value of the guarantee and the value of the object that is the object of the fiduciary guarantee (Article 6 of Law No. 42 of 1999 concerning Fiduciary Guarantees). Moving on from this phenomenon, the author is interested in discussing this problem with the topic of the problem: What legal violations occurred in the practice of executing fiduciary guarantee objects after the enactment of Law Number 42 of 1999 concerning Fiduciary Guarantees. If the object of the collateral is a movable object, it can be bound by a fiduciary agreement. The success or failure of this form of fiduciary guarantee depends solely on the bona fides and good faith of the debtor.</em>