Fiduciary Agreement Research Articles

Legal Consequences of Creditors Recipients of Fiduciaries who are not Registered Judging from Law Number 42 of 1999 concerning Fiduciary Guarantees

The law of not registering fiduciary creditors has significant consequences for the enforceability and validity of fiduciary guarantees. Based on Law Number 42 of 1999 concerning Fiduciary Guarantees, creditors receiving fiduciaries must be registered as members of the Fiduciary Guarantee Council. Failure to register a fiduciary creditor can give rise to legal problems in terms of executing fiduciary guarantees, because the guarantee cannot be used as evidence or a legal resource. Therefore, efforts need to be made to prevent this from happening and ensure that creditors who receive fiduciaries meet the requirements to be registered as members of the Fiduciary Guarantee Council. This research uses a qualitative data analysis approach to conduct normative legal studies. The main legal sources in this research are primary legal sources. The conclusion of this research is that an unregistered fiduciary agreement has legal consequences, where the creditor does not have a preferred position in the event of bankruptcy and only acts as a concurrent creditor. And if the debtor defaults, the creditor does not have direct executorial rights over the fiduciary collateral, if the debtor is unable to pay off the entire debt at the agreed time.

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>

Kepastian Hukum Kreditur Preferen Dalam Upaya Parate Executie Perjanjian Fidusia Menurut Undang-Undang Nomor 42 Tahun 1999 Tentang Jaminan Fidusia

Fidusia comes from the word fides means belief. Juridically, the Fiduciary Giver has transferred his material rights to the Fiduciary Giver gives the Fiduciary Giver the right to control the fiduciary guarantee object. Based on UUJF, it has been regulated to the execution of the Fiduciary Guarantee Object if the giver of fiduciary fails to promise by the execution of the executorial title. Through the decision of the Constitutional Court Number 18/PUU-XVII/2019 that in order to carry out an execution if the debetor does not wish to voluntarily submit the Fidicuary Guarantee Object, it must be requested to the Chair of the Court and the determination of breach of contract must have an agreement between creditors and debtors or through legal remedies. Then questioned the legal certainty of preferred creditors in the efforts of the parate executie. This legal research is a normative legal research. The analytical method for this type of normative legal research is a prescriptive method using a statute approach and a case approach. This study aims to determine the legal certainty of preferred creditors in the efforts of parate executie of the fiduciary agreement based on UUJF and the legal consquences and judges’ considerations which are the basis for deciding the case application for the Constitutional Court Decision Number 18/PUU-XVII/2019. The result of the research conclude that legal certainty legal certainty has been stated in UUJF for creditors by executing Fidicuary Guarantee if the debtor fails the promise. The certainty is included in order to “Demi Keadilan Berdasarkan Ketuhanan Yang Maha Esa” means it has the same executorial power as court decision has obtained permanent legal force. However, in reality the execution process cannot be carried out automatically. so that the execution process becomes longer and it is quite difficult to achieve the executive parate. The Constitutional Court emphasizes on an agreement on when the breach of contract between creditors and debtors occurs so that creditors can carry out the parate executie. So that it is often used by the Fiduciary to take refuge in the interpretation of the Constitutional Court, which is actually the default clause agreed in the agreement.

Implementation of Copyright as an Object of Fiduciary Collateral in Indonesia

Objective: The aims of this study is to examine the application of copyright as an object of fiduciary guarantee in Indonesia, considering both the legal certainty aspect and a comparative analysis with other countries. Theoretical Framework: The Fiduciary agreement mechanism is that there will be guaranteed law and mortgage rights when there is an impasse. Based on a huge need, it is necessary to offset with provision clear and complete laws governing institution guarantee. Method: This study is normative legal research that produces prescriptive analytics of the legal issues raised. Study This uses approach laws and approaches producing a conceptual something draft where is Copyright can made as an object guarantee fiduciary. Results: The results of this study indicate that Copyright including in object guarantee fiduciary that has fulfilled all elements and terms for become object guarantee fiduciary, then the Copyright possible for made object debt guarantee form guarantee fiduciary. Conclusions: Application rights created as object guarantee fiduciaries in Indonesia are still hampered because regulation legislation has yet to be comprehensive. To sum it up, the types of objects are fiduciary collateral objects. Copyright, on the one hand, is included in the realm of Intellectual Property Rights (IPR). Similar properties with the right property in general (can be transferred and owned mark the economy).

Perubahan Makna Cidera Janji atau Wanprestasi pada Jaminan Fidusia Setelah Putusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019

A debtor who feels aggrieved then submits a judicial review of the validity of Article 15 paragraphs (2) and (3) of Law no. 42 of 1999 which are considered to have violated the debtor's constitutional rights so that the Constitutional Court Decision No. 18/PUU-XVII/2019. Requirements for the debtor to be declared in breach of contract in the fiduciary guarantee after the decision of the Constitutional Court Number 18/PUU-XVII/2019, namely the breach of contract as referred to in Article 15 paragraph (3) of the Fiduciary Guarantee Law is not determined unilaterally by the creditor but on the basis of an agreement between creditors and debtors or on the basis of a legal remedy that determines that a breach of contract has occurred. Legal considerations of the Constitutional Court in deciding case No. 18/PUU-XVII/2019 is based on legal considerations that the norms contained in Article 15 paragraph (2) of the Fiduciary Guarantee Law do not reflect the existence of equal legal protection between parties bound in fiduciary agreements that are directly related to the norms of Article 15 paragraph (3) The Fiduciary Guarantee Law, namely the absence of legal certainty regarding when the debtor can be declared in breach of contract.

Legal consequences of execution of fiduciary collateral sold or pledged by the debtor

The writing of this scientific work entitled "Legal Consequences of the Execution of Fiduciary Guarantees Sold or Pawned by Debtors" describes the execution of fiduciary guarantees that are not registered and the legal consequences by Law Number 42 of 1999 concerning Fiduciary Guarantees. This writing is motivated by the facts regarding illegal fiduciary agreements and the existence of fiduciary guarantee agreements made privately without registering fiduciary guarantee objects. Based on these facts, it is essential to raise 2 (two) issues regarding the procedures for executing fiduciary guarantees by laws and regulations and settlement of cases in the event of a sale or mortgage on goods subject to fiduciary guarantees while the goods are experiencing bad credit. The purpose of writing this journal is to find out the correct procedure for executing fiduciary guarantees and the legal consequences if the execution of fiduciary guarantees is carried out unilaterally and to find out the resolution of problems that arise regarding bad loans on objects used as fiduciary guarantees. The method used in this research is the descriptive analytical method with a normative juridical approach. The data used in this study is secondary data obtained from literature sources that are relevant to the issues discussed. The results of the study show that the execution of fiduciary guarantees for bad loans can be carried out directly by the leasing company if previously the leasing company has registered a fiduciary guarantee at the Fiduciary Guarantee Registration Office if it is not registered then to be able to execute fiduciary guarantees it must go through filing a civil lawsuit to court. Suppose the debtor sells or pawns the fiduciary collateral object, and lousy credit occurs while the fiduciary guarantee has been registered. In that case, the leasing company has the right over the object to seize and sell the object directly used as collateral.

Aspek Pidana dalam Undang-undang Jaminan Fidusia Menurut Hukum Pidana Islam (Analisis Putusan No. 509/Pid.Sus/2021/ PN.Jmb)

Islam as a religion that leads to salvation has discussed muamalah issues which are expected to be a guide for mankind. Consumer financing in installments with fiduciary agreements is currently the people's favorite. However, it causes many problems, namely criminal threats in the event of misappropriation of collateral. This study will explain the views of Islamic criminal law regarding fiduciary engagement in consumer financing and the legal sanctions regarding misappropriation of collateral in the context of Decision No. 509/Pid.Sus/2021/PN.Jmb. This type of study is normative legal research with a conceptual approach. Sources of data used were obtained from scientific journals, laws and regulations, fatwas of scholars, and books. The results of this study indicate that in this decision, the defendant was guilty of diverting fiduciary collateral items without the approval of the financing institution as the recipient of the guarantee and was sentenced to 1 year in prison and a fine of 50 million IDR and collateral items were handed over to the financing institution for execution. The analysis of Islamic criminal law in this case is that the defendant's actions are convincingly included in the “ghulul,” namely the crime act of diverting objects under his control even though the rights of other people are involved and are threatened with “ta’zir.”

Modeling the Contract and Execution Fiduciary on Constitutional Court Decision

Many facts of disputes between creditors and debtors regarding the excesses of fiduciary guarantees and the existence of a decision of the Constitutional Court, which changed the legal provisions regarding the execution of fiduciary securities. This research aims to determine how clauses concerning an agreement over a breach of contract are outlined in a fiduciary agreement and what hinders the execution of fiduciary security. With normative and empirical methods, this research indicates that the clause regarding a breach of contract is outlined in a fiduciary deed by the creditor and debtor concerned. Some hindrances, however, interrupt the execution of the fiduciary security; the client denies any breach of contract, believing that this negligence represents force majeure; and the client refuses to voluntarily hand in the fiduciary object or even attempts to embezzle the fiduciary thing. Following these two hindrances, the creditor offers a persuasive negotiation to encourage the client to admit the breach of contract committed and to release the fiduciary object willingly.

Dispute Resolution on Agreements Fiduciary in Tort Settlement (Case Study in PT. Adira Multi Dynamics Finance Tbk, Denpasar II Branch)

Phenomena that often occur in decision making or policies which of course are based on applicable regulations or agreements are confiscation or taking guarantees or otherwise the submission of guarantees by the debtor due to a default or unable to carry out their obligations properly. As many have done, it can be seen from the data in PT. Adira Dinamika Multi Finance Tbk, Denpasar II Branch. Based on this background, the formulation of the problem found is how is the form of dispute resolution regarding the fiduciary agreement in the settlement of default at PT. Adira Dinamika Multi Finance Tbk, Denpasar II Branch, and What are the obstacles faced in the execution of fiduciary guarantees at PT. Adira Dinamika Multi Finance Tbk, Denpasar II Branch?This type of research uses empirical legal research methods. The nature of this research is descriptive. Data and Data Sources used are primary data and secondary data. Data collection techniques used are observations, interviews and documentation. After the data is collected, it is analyzed using qualitative analysis methods. The conclusion of this research is the form of dispute resolution at PT. Adira Dinamika Multi Finance Tbk, Denpasar II Branch is divided into 2 stages, namely non-litigation efforts and litigation efforts. Constraints faced in the execution of fiduciary collateral goods at PT. Adira Dinamika Multi Finance Tbk, Denpasar II Branch is in executing the goods that have been transferred by the debtor of the goods. but as a result of the acknowledgment of the droit de suite principle that fiduciary security rights follow the object in the hands of whoever the object is.

The Legal Comparison of Transfer of Object Fiduciary by Debtor to Third Party without Creditor's Approval

The purpose of this study is to find out about the Fiduciary provider in the Consumer Financing agreement with the Fiduciary Guarantee contained in the Fiduciary Guarantee Deed, it is forbidden to transfer the Fiduciary guarantee object to another party without the approval of the Fiduciary Recipient. This is because in Act No. 42 of 1999 concerning Fiduciary Guarantees there are provisions regarding the prohibition to transfer objects of Fiduciary guarantees without the approval of Fiduciary Recipients to provide legal protection to Fiduciary Recipients. The research in this paper is a normative law research. In the debtor's relationship with a third party, there is no legal relationship because the transfer of the fiduciary object is not valid as stated in Article 1320 of the Civil Code concerning the conditions for the validity of the agreement. Articles 35 and 36 of the UUJF also regulate criminal sanctions that reaffirm the prohibition of transferring, mortgaging, or leasing fiduciary guarantees as objects. In connection with the principle of providing legal certainty, UUJF adopts the principle of registration of fiduciary guarantees. The benefit of a fiduciary agreement made in writing is that the creditor holding the fiduciary guarantee in his interest will demand the easiest way to prove the delivery of the guarantee to the debtor.

The Urgency of Strengthening Creditor Legal Protection in Fiduciary Guarantee Agreements

In a fiduciary guarantee agreement, both the fiduciary recipient and the fiduciary giver according to the fiduciary guarantee law are equally given legal protection. However, there are still weaknesses in legal protection for creditors, exacerbated by the practice of implementing fiduciary agreements in the field, among others in the form of not registering fiduciary objects (only stopping at making authentic deeds). Then, in the practice that occurs, the financial institution in entering into a financing agreement includes the words fiduciary guarantee. However, ironically, it is not made in a notarial deed and is not registered at the Fiduciary Registration Office to obtain a certificate. So, it is not surprising that due to such practice, cases of slow and difficult execution of fiduciaries are a problem. This research is to answer the question: the urgency of implementing strengthening legal protection for creditors in fiduciary guarantee agreements? To answer this problem, the author conducted normative legal research by looking at sociological conditions that occurred or were based on field facts. The results of this study indicate that a fiduciary guarantee that must be made with a Notary Deed, can provide legal protection if the process and procedures are following Law No. 42 of 1999 concerning Fiduciary Guarantee, and Fiduciary Guarantee was born since it was registered. In addition, in the practice of administering fiduciary guarantee agreements in Indonesia, legal protection efforts for creditors have not been fully implemented for fiduciary guarantee agreements. This is due to the juridical and non-juridical inhibiting factors in the form of inconsistencies between the mandates contained in the legal basis of fiduciary guarantees and the practices of their organizers.
 Keywords: legal protection, creditors, fiduciary guarantee

LEGAL PROTECTION OF CREDITORS ON THE TRANSFER OF FOUR-WHEEL VEHICLES BY THE DEBTOR TO THIRD PARTIESIN PEKANBARU CITY

In a fiduciary agreement, the object used as the object of the fiduciary guarantee is still in the control of the owner of the object (the debtor). case it is the granting of property rights to the fiduciary collateral. object without displaying a physical object. In general, in the law of guarantees whose objects are movable objects, the debtor cannot transfer, pledge or lease to other parties the objects that are the object of the Fiduciary Guarantee. This type of research is a sociological legal research conducted by means of a survey, namely research directly to the research location using a data collection tool in the form of interviews. Meanwhile, if viewed from its nature, this writing is descriptive analytical. Legal Protection Against Creditors for the Transfer of Four-Wheel Vehicles by Debtors to Third Parties in Pekanbaru City that the Fiduciary Guarantee Act has attempted to provide a technical protection for the interests of creditors, the implementation of protection through execution of fiduciary guarantees, which in the end provides choices for creditors to take peaceful way which means providing additional costs. Obstacles in Legal Protection Against Creditors on Transfer of Four-Wheel Vehicles by Debtors to Third Parties in Pekanbaru City that the Fiduciary Guarantee Law has given creditors a weak position, such as the lack of firmness in execution and concerning the implementation of executions.

PERLINDUNGAN HUKUM TERHADAP PEMBERI FIDUSIA DALAM PELAKSANAAN EKSEKUSI JAMINAN FIDUSIA KENDARAAN BERMOTOR RODA EMPAT (Studi Di BCA Multifinance Ringroad Medan)

ABSTRACTThe problems experienced by many financial institutions that provide credit and financing services, namely the transfer of objects fiduciary guarantee by the debtor to a third party. The problem is getting worse complicated, due to the transfer of the object of collateral by the debtor and other parties these three (whether through buying and selling, renting, or otherwise) will happen the intersection of rights between a third party as the ruler of the object and the creditoras the legal owner of the object.The problem raised in this thesis is the implementation of execution fiduciary guarantee object through parate execution due to transfer of collateral object fiduciary by the debtor to a third party. Legal protection for banks BCA multifinance in the execution of the object of fiduciary guarantee against the object of the fiduciary guarantee that has been transferred to a third party. Types of research used in this research is empirical juridical. This research descriptive research. The source of the data in this study was obtained by collect primary data and secondary data. Data collection techniques in This research is a field study (field research). Data analysis to be carried out in this study is a qualitative analysis.The purpose of the legal implications of the debtor is to transfer the object of collateral fiduciary to a third party in a financing agreement, resulting in the fiduciary agreement becomes null because in the fiduciary agreement the object Fiduciary guarantee is one of the important elements of a fiduciary agreement there is a legal consequence if an object of the fiduciary guarantee is lose their property rights.Legal protection for creditors in a fiduciary guarantee agreement born from the making of a deed of imposition of a fiduciary guarantee made notarial, and continues to be confirmed by registration with the Fiduciary Registration Officein order to obtain a fiduciary certificate. By registering the guarantee fiduciary, then the principle of publicity is fulfilled this is a guarantee of legal certainty to creditors in returning their receivables from the debtor.Keywords: Legal Protection, Execution, Fiduciary Guarantee, Vehicle Four Wheel Motor

Perlindungan Hukum Bagi Pihak Kreditur dalam Perjanjian Jaminan Fidusia

Weak legal protection for creditors in fiduciary guarantee agreements, even though guarantees have a very important role in economic activity in providing capital loans from financial institutions, both banks and non-banks in which there are long-term and short-term guarantees which are a form of protection. law in an agreement that can provide a sense of security, comfort for individuals. This study aims to determine legal protection for creditors in fiduciary guarantees in order to create legal certainty by using data collection methods based on laws which are normatively tested by applying existing values or rules given by law enforcement officials for the sake of the achievement of public order which includes elements of protective actions and ways of protecting. And the purpose of the methodology in this paper is to provide data about the situation which can later be analyzed in accordance with existing laws and regulations. For this reason, legal protection for creditors in a fiduciary agreement is born on the registration of the agreement deed. UUJF has tried to provide technical protection for creditors, but it is not implemented explicitly in its implementation system so that the protection is still considered weak because it is not balanced with firmness in the execution of fiduciary guarantees.

Legal Consequences of Fiduciary Guarantee Execution Post Decision of Indonesian Constitutional Court

Post Constitutional Court's decision regarding the 'executory power' of fiduciary guarantees which changed the rules of the execution of fiduciary guarantees, for those who are in debtor positions, the Constitutional Court's decision may be a solution to the problem of constitutional rights. However, for financing business actors as creditors, the decision is certainly a new obstacle in doing business. This study aims to analyze the juridical implications of the Constitutional Court's decision on fiduciary agreements made before the Constitutional Court's Decision (MK), as well as the juridical implications of fiduciary agreements or on fiduciary executions that have been carried out before the MK Decision Number 18/PUU-XVII/2019. This study found that the ratio of the decision of the MK Decision Number: 18/PUU/XVII/2019 Regarding Fiduciary Guarantees does not apply the principle of balance and has no legal consequences for the fiduciary guarantee agreement made before the decision is enforced. Legislators are expected to make new legal provisions regarding the executorial status in the fiduciary guarantee agreement to provide legal certainty to the parties who will make a fiduciary guarantee agreement regarding whether or not the enforceability of execution in the fiduciary guarantee agreement is recognized.

The Use of Receivables as Collateral in Business Practices in Indonesia

AbstractThis article discusses the enforceability of Article 9 of Law No. 42 of 1999 on Fiduciary Guarantee that allows the use of receivables as debt collateral in business practices in Indonesia. Receivables bound by fiduciary collateral is deemed as a special collateral— in the context of civil law, a special collateral will be prioritized in case the debtor does not voluntarily make when due. In business practices, long-term receivables will be established following an agreement between a debtor and a third party, and the receivables that the debtor is entitled to receive from the third party will be provided as collateral to secure the debtor’s obligations under his loan agreement with the creditor. The issue discussed in this paper is the fact that although theoretically special collateral in the form of receivables should be able to increase the creditor’s assurance of getting repaid, in practice long-term receivables put higher risk on the creditor instead. As comparison, this paper uses the accounts receivables fiduciary in the United Kingdom. The Writing Method used in this paper is the normative juridical approach with a focus on conducting juridical studies regarding the creditors' risk in the use of receivables, specifically long-term debt collateral. This paper shows that receivables that are used as collateral in fiduciary agreements actually put the greatest risk on the creditor; especially if the agreement between the debtor and the third party stipulates that in case the debtor fails to fulfil his obligations, all receivables that he is supposed to receive from the third party will be aborted and become non-existent.

ANALISIS YURIDIS AKIBAT HUKUM MUSNAHNYA OBJEK JAMINAN FIDUSIA DALAM PERJANJIAN PEMBIAYAAN KONSUMEN (STUDI DI PT.WOM FINANCE, Tbk )

PT. WOM Finance, Tbk. is one of the companies operating in motorcycle financing. PT. WOM Finance, Tbk. cannot be separated from debtor’s/consumer’s default or the disappearance of motorcycles/security object. It copes with the risk by making a financing agreement consisting of primary agreement and the other supporting agreement such as loan agreement, fiduciary agreement, power of attorney and insurance. The objective of this research is to discover the mechanism of consumer finance, debtor’s liability for default, and legal protection for creditor in case of disappearance of fiduciary security object in which the debtor has defaulted earlier.This is an analytical prescriptive research with normative juridical method. It is conducted by studying references or secondary data including legal norms in the prevailing laws and regulation or documents related to the juridical consequences i.e. disappearance of security object in consumer finance agreement in PT. WOM Finance, Tbk. in order to answer the research problems.The results of the research discover the finance mechanism in PT.WOM Finance, Tbk. in general, the financing starts from an application and ends with the execution of the agreement. The defaults performed by a debtor causes legal consequences for the debtor themselves. In case the fiduciary security object disappears when the debtor has defaulted earlier, the creditor does not only obtain legal protection from the Consumer Finance Agreement, but it also gains the protection from Insurance Agreement.

Strengthening Legal Certainty on the Electronic Registration System of Fiduciary Deed in Indonesia

<p>Fiduciary guarantee constitute a type of guarantee commonly used by the business society to obtain loan from Banks or other financial institutions. Administratively, since the government established an electronic fiduciary registration system, the system has in fact, not been fully supported by appropriate legal grounds. This research aims to explore and analyze regulations regarding the legal status of fiduciary agreements along with its electronic registration system and the role of Notary Public with the aim of providing recommendation to the ideal registration system supported by proper laws and regulations. Methodology of this study is based on normative legal research which carried out several approaches such as statutory approach, comparative approach and conseptual approach. The results of the study essentially emphazied the need for amandement and harmonization of Law No. 45/1999 concerning Fiduciary Guarantee as well as its implementing regulations. Ultimately, the Indonesia fiduciary guarantee and its registration system will always in harmony with the values of legal certainty, justice and usefulness.</p>

Implication Juridical Decision of The Constitutional Court No. 18/PUU-XVII/2019 Concerning Wanprestasi In the Fiducia Agreement

The purpose of this paper is to criticize the Constitutional Court Decision Number 18 / PUU-XVII / 2019, which determines that the phrases "executorial power" and "are the same as court decisions having permanent legal force" in Article 15 paragraph (2) of Law Number 42 of 1999 concerning The Fiduciary Guarantee contradicts the 1945 Constitution. From the norms contained in this article, there is a power of execution that the fiduciary security holder can carry out (creditors), which then causes many problems, both related to the constitutionality of norms and implementation. Thus, the authors question two things, first how is the juridical analysis of the Constitutional Court decision No. 18 / PUU-XVII / 2019 regarding breach of contract in the fiduciary agreement? Second, what is the juridical implication of MK Decision No. fiduciary? The writer's research type is library research, a literature study (library research) with a descriptive qualitative research type. The data collection technique used was documentation techniques, and the approach method used in this study was juridical normative. The results of this study conclude that 1) The Constitutional Court's decision has not provided a sense of justice as in Article 27 paragraph (1) and Article 28D paragraph (1) of the 1945 Constitution, because in this Constitutional Court decision gives more exclusive rights to the debtor because in this case, the creditor does not get legal protection rights in the event of undesirable things (2) This decision has implications for various parties, namely the Court, which now often receives requests for execution and the process will be lengthy, for notaries must add and clarify default clauses in detail. For business people whose creditors (fiduciary recipients) cannot carry out unilateral execution of the object of fiduciary security but must submit a request for performance to the Court. There is a concern that lousy faith will occur from the community's debtor when the creditor is submitting a request for execution to the Court.

PEMBEBANAN JAMINAN FIDUSIA DI INDONESIA DALAM PANDANGAN HUKUM PERLINDUNGAN KONSUMEN

The term Standard Clause itself is not actually contained in the Civil Code or the Fiduciary Guarantee Law, therefore it needs to be linked to the Consumer Protection Law to formulate and regulate the Standard Clause. For this reason, in this study formulated problems regarding how to implement the imposition of fiduciary security and registration. This research approach method is juridical empirical. Based on the results of the research, it can be concluded that the implementation of charging and registration of fiduciary guarantees electronically is basically the same as a manual system, namely preceded by a consumer financing agreement, binding of fiduciary guarantees by notaries followed by registration which can be carried out directly by a Notary with an online system so as to give birth to a Guarantee Certificate. Fiduciary. The connection between the implementation of fiduciary agreements with consumer protection law lies in the use of standard clauses which in fact deviate from the provisions of Article 18 paragraph 1 of the Consumer Protection Law as well as legal protection for consumers and business actors who are biased and tend to pay attention to the interests of consumers only.