Law Guarantees Research Articles

The accountability of non‐governmental actors in the digital sphere: A theoretical framework

AbstractThe last decade has seen increasing demands for greater accountability in digital governance. What, however, does accountability require and what normative goods does it serve? This article develops a general framework for assessing digital accountability focused on four normative goods: openness, non‐arbitrariness, effectiveness and publicness. As the article will evidence, claims for digital accountability often refer to deficits relating to one or more of these goods. While scholarly attention has deservedly focused on tying powerful digital actors to rule of law guarantees, the article argues that accountability offers an important normative yardstick to allow citizens to contest digital decisions beyond strict legality. The framework therefore provides a basis for both conceptually disaggregating and normatively forwarding accountability claims in the digital sphere.

The Effectiveness of The Halal Product Guarantee Law on Business Awareness in Registration of Halal Certification in Indonesia

The issuance of the Law on Halal Product Assurance in 2014 marked a new era of halal certification in Indonesia. In the past, halal certification was voluntary, but after the JPH Law it became mandatory. The government through the Halal Product Guarantee Agency of the Ministry of Religion of the Republic of Indonesia is tasked with guaranteeing halal products in the community. The fact is that until 2022, there are still many business actors, especially those on the Small, Medium and Micro scale (MSMEs) who have not registered for halal certification. Even though the regulation has existed since 2014. Based on this, this study aims to determine the effectiveness of the Halal Product Guarantee Act on the Awareness of Business Actors in the Registration of Halal Certification in Indonesia. The research method used in this research is qualitative field research, with an empirical juridical research approach. The results of this study indicate that the Halal Product Guarantee Act has not been effective in increasing the awareness of business actors to register for halal certification and increase the availability of halal products in Indonesia. The minimum number of business actors who register for halal certification is influenced by legal awareness, namely: knowledge of legal regulations, knowledge of legal content, legal attitudes, and legal behavior. It is concluded that business actors in Indonesia have a low level of legal awareness in registering for halal certification. Many business actors do not know about the obligation of halal certification. There are also business actors who already know about halal certification, but have not yet arrived at compliance and carrying out the mandate of the Halal Product Guarantee Act. Terbitnya Undang-undang tentang Jaminan Produk Halal (UU JPH) pada tahun 2014 menandai era baru sertifikasi halal di Indonesia. Dahulu, sertifikasi halal bersifat sukarela (voluntary), akan tetapi setelah adanya UU JPH menjadi wajib (mandatory). Pemerintah melalui Badan Penyelenggara Jaminan Produk Halal (BPJPH) Kementrian Agama Republik Indonesia bertugas untuk menjamin produk halal di masyarakat. Faktanya sampai tahun 2022, masih banyak pelaku usaha terutama yang berskala Usaha Kecil, Menengah dan Mikro (UMKM) yang belum melakukan pendaftaran sertifikasi halal. Padahal regulasinya sudah ada sejak tahun 2014. Berdasarkan hal tersebut, maka penelitian ini bertujuan untuk mengetahui efektivitas Undang Undang Jaminan Produk Halal Terhadap Kesadaran Pelaku Usaha dalam Pendaftaran Sertifikasi Halal di Indonesia. Metode penelitian yang digunakan dalam penelitian ini adalah penelitian lapangan (field research) yang bersifat kualitatif, dengan pendekatan penelitian yuridis empiris. Hasil penelitian ini menunjukan bahwa Undang-undang Jaminan Produk Halal (UU JPH) belum efektif dalam meningkatkan kesadaran pelaku usaha untuk pendaftaran sertifikasi halal dan meningkatkan ketersediaan produk halal di Indonesia. Minimnya jumlah pelaku usaha yang mendaftar sertifikasi halal ini dipengaruhi oleh kesadaran hukum, yakni: pengetahuan tentang peraturan hukum, pengetahuan isi hukum, sikap hukum, dan perilaku hukum. Disimpulkan bahwa pelaku usaha di Indonesia memiliki tingat kesadaran hukum yang masih rendah dalam mendaftar sertifikasi halal. Pelaku usaha banyak yang belum tahu tentang kewajiban sertifikasi halal. Ada juga pelaku usaha yang sudah tahu tentang sertifikasi halal, namun belum sampai pada ketaatan dan melaksanakan amanat Undang-undang Jaminan Produk Halal.

Dismantling barriers and advancing disability-inclusive education: an examination of national laws and policies across 193 countries

ABSTRACT Disability-inclusive laws and policies – while not sufficient on their own to advance substantive equality – are an essential step that all countries can take to advance non-discrimination and equity in education for children and youth with disabilities. This is the first study to comprehensively review national law and policy guarantees in 193 countries to assess the extent to which countries have harmonized national laws and policies with international commitments to inclusive education articulated in the Convention on the Rights of Persons with Disabilities and the Sustainable Development Goals. While strong guarantees exist across diverse countries, we find that notable gaps remain. Forty-six percent of countries do not broadly prohibit disability-based discrimination through the completion of secondary education. Legislation in 35% of countries does not guarantee persons with disabilities access to integrated education in mainstream education environments along with necessary individualized accommodations through the completion of secondary school. Thirty-one percent of countries that make primary education compulsory do not pair compulsory education with guarantees to integration in mainstream education environments and individualized supports for students with disabilities. These findings can inform reforms in countries without national guarantees and bolster support for implementation in countries where strong legal guarantees to inclusive education already exist.

Pelaksanaan Hak Jaminan Fidusia dalam Pemberian Kredit di Lembaga Perkreditan Desa di Desa Adat Mantring

Fiduciary guarantees are promulgated through Article 5 paragraph (1) of Law no. 42 of 1999 which regulates movable or non-transferable commodities to become objects of collateral. According to Article 11 Paragraph (1), all commodities that will be charged with fiduciary security must be registered first, so that after being registered it is safe to issue a fiduciary guarantee deed. However, in the field application of fiduciary guarantees at the Mantring Traditional Village LPD, there are differences regarding its implementation with the contents of the Fiduciary Guarantee Law. The purpose of this research was to analyze the factors causing the non-registration of fiduciary guarantees at LPD Mantring and to discuss the efforts to settle what can be done by LPD Mantring in the case of debtors defaulting. This research is an empirical research, using a sociological approach. Sources of legal material are primary sources obtained from interviews with Mr. I Ketut Budiarta as chairman of LPD Mantring Tampaksiring and Mr. Made Sudiarsana as secretary at LPD Mantring Tampaksiring. The data collection techniques for this research are Observation Techniques and Interview Techniques. The results of the research explain that there is a reason why the LPD Mantring did not register the Fiduciary Guarantee agreement, namely the problem of the cost of making a fiduciary guarantee deed which costs a lot and the value of the loan and guarantee for the debtor is small. The efforts taken by the Mantring Traditional Village LPD to resolve the default case use 2 dispute resolution methods, namely dispute resolution can be reached through non-litigation and litigation.

Problemi priznanja Islamske vjerske zajednice u Austriji / Problems of recognition of the Islamic Community in Austria

Starting with the description of the often neglected relativization, doubts and common misconceptions regarding the legal recognition of the Islamic Community in Austria the author sees a manifestation of the same problem in the new Islam Act of 2015. In a first step the article therefore examines as usual the guarantees of constitutional law with regard to legal recognition and systematic problems regarding the case of the Islamic Community. However, by referring to a quite unknown decision of the Higher Regional Court of Linz from 1961, the author questions the common narrative of the genesis of the Islamic Community in Austria, establishes a historical and legal connection to the Islamic Community in Bosnia and Herzegovina and introduces an alternative approach to the problem of recognition of the Islamic Community.

Deposit and Loan Guarantee Institutions and it’s Role in Restoring Confidence in the Iraqi Banking Sector

Pacing from the part of deposits and loans in supporting banking stability, any peril that threatens this part constitutes direct trouble to the banking system. Thus, should develop the mechanisms to cover and guarantee the rights of depositors (deposit guarantee), and mechanisms to cover banks from remitment of bank credit and cover them from ruin and ruin through the establishment of an institution guaranteeing loans, which represents an abecedarian demand to guarantee and stabilize the banking system and restore lost Confidence in the Iraqi banking system. Consequently, the exploration problem surfaced from a set of questions: Do deposit and loan guarantee institutions lead to the banking system's stability? Does this affect the degree of stability of deposits and attract further deposits, especially since deposits within the banking system are (23), while there's a chance (77) of the financial mass outside the banking system? As well as the question, will the bank credit increase after the loan institution guarantees this credit? Therefore, cranking the Deposit Guarantee Law and approving the Loan Guarantee Law will contribute to the anticipated part in restoring Confidence in the Iraqi banking system? It represents the fundamental problem of exploration, primarily since the Deposit Law, despite its blessing, has not been enforced.

It's Time to Expand the Right to Education

ABSTRACT International law guarantees all children free primary education. Although pre-primary and secondary education have been recognised to differing degrees as part of the right to education, there is no obligation under international human rights treaties to provide either for free. This omission is inconsistent with children's rights otherwise guaranteed under international law. Including only free primary education under the right to education, but not free pre-primary or free secondary education, may have been a recognition of countries’ limited available resources when the right was incorporated into legal treaties, beginning in 1960. However, after decades of economic growth and increasing evidence of the economic benefits to society of expanding access to education, that position deserves to be revisited. Various options exist to expand the scope of the right under international law to guarantee free pre-primary and free secondary education. A new optional protocol to the Convention on the Rights of the Child could provide a way toward finally realising a right to free education for all children.

Reflection on the Normative Intent of Article 16 of China’s Company Law

The ultra vires guarantee by the legal representative of a company not only involves the general rules of the Contract Law, the Guarantee Law and the Civil Code of the People’s Republic of China, but also should consider its nature as a commercial act and take into account the legislative intent of the Company Law. In judicial practice, the regulation of the company’s ultra vires guarantee is scattered and blurred, still needing improvement. Before the advent of the judicial interpretation of the Guarantee Law, the system of legal interpretation and application process was confusing and lacked legal basis. Article 16 of the Company Law affirms the company’s ability to provide external guarantees. In the academic circle, the dispute on the effectiveness of the company’s ultra vires guarantee often revolves around the nature of Article 16 of the Company Law. But in essence, Article 16 is a rule to regulate corporate governance, and its legislative purpose is to regulate the process of intention formation of the company’s external guarantee. To examine the effectiveness of the legal representative’s ultra vires guarantee, one must take into account the interpretation of the intention expression process. The process from the company’s intention formation to the intention expression is not only a significant part to judge the validity of the ultra vires guarantee contract, but also the true representation of the normative intent of Article 16 of the Company Law.

Criminal law guarantees of human dignity and development of biotechnology

The article examines the impact of biotechnology progress on changing criminal law. The author concludes that somatic rights do not constitute a new generation of human rights but enrich the dignity of the individual. Due to the natural nature of these rights, they can only be regulated to a small extent by law, which also limits the possibility of imposing prohibitions. Criminal law must address the task of guaranteeing the dignity of the individual. There is a need for clearer regulation of circumstances that exclude the crime of an act, such as the consent of the victim and reasonable risk. Criminalization of biotechnology applications where there were no signs of abuse should be considered unreasonable. Scientific progress has created uncertainty in the application of certain rules of criminal law. This requires the improvement of sentencing rules and the calculation of the statute of limitations of criminal prosecution. The need to criminalize new types of acts against the person, to introduce responsibility for crimes against artificial organs, as well as organs and tissues separated from a person, was analyzed. Issues of criminal legal assessment of illegal acts with human embryos are considered. It was concluded that it is necessary to include genetic information in the area of privacy protected by criminal law. An analysis of the development vectors of criminal law shows the impossibility of effective deterrence by prohibitions of certain ways of self-determination of the individual. The Russian legislator in this matter shows reasonable restraint. When further improving the criminal law, it is unacceptable to use the design of formal offences. As criminal-forming signs of prohibited acts, there can be both objective characteristics (the method of medical intervention caused by harm) and subjective ones — motive, purpose (for example, performing a sex reassignment operation for unlawful purposes). This will allow criminal law not to stand in the way of biotechnological progress, helping medical legislation determine some boundaries. The article analyses the norms of criminal law, the provisions of international conventions, and the practice of constitutional proceedings.

Конституционный принцип уважения человека труда: проблемы реализации в российском законодательстве и правоприменительной практике

Respect for the working person is guaranteed by Article 75.1 of the updated Constitution of the Russian Federation. This constitutional guarantee has an external (formal) and an internal (substantive) side of implementation. On the basis of the theory of stability of labour law relations, the basic norms of this twofold system have been identified. 1. On the substantive side, the norms of stability of the employee as a party to the employment contract when the employer changes. The constitutional guarantee of respect for the human being at work is the stability of employment relations, secured mainly by Article 75 of the Labour Code of the Russian Federation. The provision of Article 75 of the Russian Labour Code is based on the theory of stability of the employment relationship, conditioned by the personal nature of the employment contract on the part of the employee, the foundations of which were laid at the turn of the 19th and 20th centuries. Today it guarantees the preservation of the employment relationship in the event of a change of ownership of the organisation, a change of subordination of the organisation or its reorganisation. Legislating the dependence of the employment contract on the employer's reorganisation measures would destroy the theory of stability and the system of constitutional and sectoral labour law guarantees of respect for the human rights of workers. Therefore, new forms of employment, the emergence of which is initially dictated by the needs of economic development and the state of society, should be consistently involved in the sphere of labour law regulation. The issues of the stability of the employment contract should be resolved exclusively based on the needs of the organization of production and in the interests of the enterprise. 2. From the external perspective, the basic provision in the system of guarantees of respect for the person at work is the form of the employment contract. Article 56 of the Russian Labour Code, defining the concept of an employment contract, as well as regulatory acts adopted in its development and the generally accepted practice of law do not comply with Article 75.1 of the Constitution of the Russian Federation and Article 57 of the Labour Code. The inclusion of information about the employee after information about the employer in the employment contract underlines the unequal position of the employee, even if formally, but clearly demonstrates the lack of respect for the employee not only on the part of the employer concluding the contract but also on the part of state authorities which have permitted the publication of regulations contrary to Article 57 of the LC RF. 57 of the Labour Code and provoking the employer to violate the guarantee of Article 75.1 of the Constitution of the Russian Federation. Considering the ethical nature of Russian legal understanding, Article 56 of the LC RF and the standard forms of employment contracts must be immediately brought into compliance with the requirements of Article 57 of the LC RF and Article 75.1 of the RF Constitution, which would be a formal, but obvious respect for the working person on the part of both the state and, subsequently, the employers. The author declares no conflicts of interests.

Establishment of Strictly Positive Real Condition for Tuning MIMO Feedforward Control

The two-degree-of-freedom structure enables us to achieve stabilization and tracking independently using feedback (FB) and feedforward (FF) controls, respectively. The latter usually undergoes a model uncertainty, which is resolved by online tuning. A tuning law guarantees zero convergence of the output error for any target signals, under a certain strictly positive real (SPR) condition; however, it is noticeably restrictive. This study proposes a method for guaranteeing the SPR condition by designing an FF filter and modifying the error signal for tuning in the multi-input multi-output case. The proposed method is illustrated through a numerical example.

EKSEKUSI TERHADAP OBJEK JAMINAN FIDUSIA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR.18/PUU-XVII/2019.

Fiduciary is the transfer of ownership rights to an object on the basis of trust provided that the object whose ownership rights are transferred remains in the control of the owner of the object. In the implementation of fiduciary, the goods that are pledged remain in the power of the debtor. Fiduciary guarantees are security rights for movable objects, both tangible and intangible and immovable objects, especially buildings that cannot be encumbered with mortgage rights. The principle of the object of the fiduciary guarantee is the creditor's trust in the debtor. In the fiduciary guarantee law, if the debtor defaults, the object of the fiduciary guarantee will be handed over to the creditor for the purpose of fiduciary execution. The fiduciary guarantee law gives the creditor the right to carry out the execution of the fiduciary guarantee object, the existence of this power, the creditor can withdraw the fiduciary guarantee object by means of parate execution. However, with the Constitutional Court Decision Number 18/PUU-XVII/2019 regarding the application for judicial review of Article 15 section (2) and section (3), which requires a breach of contract agreement between the creditor and the debtor and the debtor's willingness to submit the object of collateral, has eliminated the rights of creditors and eliminated the principle of material rights. Based on these problems, the question in the research is how to execute the object of fiduciary security after the Constitutional Court Decision Number 18/PUU-XVII/2019 and what is the impact of the Constitutional Court Decision Number 18/PUU-XVII/2019. The legal research method in this paper is normative juridical which is reform oriented research. The conclusion in this study should be in the fiduciary guarantee certificate including the completeness of the default clause, to strengthen the evidence that the debtor has committed a breach of contract. If the debtor (fiduciary giver), after being agreed by the parties, is deemed to be in breach of contract (default), the execution of the object of the fiduciary guarantee can be carried out independently.

LEGAL PROTECTION OF THE PARTIES IN CREDIT AGREEMENT WITH FIDUCIARY GUARANTEE AFTER THE ISSUENCE OF CONSTITUTIONAL COURT DECISION No. 18/PUU-XVII/2019

Fiduciary Guarantee Law is one of the material guarantees specifically regulated in Law No. 42 of 1999 on Fiduciary Guarantees that realizes the public's need for legal certainty but guaranteed objects still have economic value. Article 15 of Law No. 42 of 1999 concerning Fiduciary Guarantees is felt burdensome to debtors, because creditors make forced efforts to take fiduciary guarantee objects in the form of 2-wheeled and 4-wheeled vehicles. The purpose of this study is (1) Finding and analyzing the basis of the Constitutional Court's Decision No. 18/PUU-XVII/2019 (2) Finding and explaining the legal consequences of the Constitutional Court Decision No. 18/PUU-XVII/2019 on legal protection for parties to credit agreements with fiduciary guarantees (3) Finding and explaining constraints on Financial Service Institutions (LJK) in the implementation of constitutional court decision No. 18/PUU-XVII/2019. The research method used is juridical normative and empirical with a case study approach so that achievements are more comprehensive related to the principle of legal protection for parties in fiduciary guarantees. The result obtained that since the Decision of the Constitutional Court No. 18/PUU-XVII/2019, the executive confiscation cannot be done directly by creditors must go through a court decision. The executorial confiscation in Article 15 of Law Number 42 concerning Fiduciary Guarantee has been contrary to Article 1 (3), Article 27 (1), Article 28D (1), Article 28G (1) and Article 28H (4) of the Constitution of 1945. It takes good faith from the parties so that the implementation of the Constitutional Court Decision No. 18/PUU-XVII/2019 guarantees justice, legal certainty and provides legal protection. An agreement is required in accordance with the principle of freedom of proportionate contract, there is a balance of position between the debtor and the creditor.

Jaminan Fidusia dalam Pembiayaan Murabahah: antara Jual Beli dan Hutang Piutang

The issue of shifting from sale and purchase transactions to service transactions due to the binding of collateral with a mortgage or fiduciary rights can become a transaction that is null and void. Solving legal issues related to how the concept of binding collateral needs to be seen in an ontological and philosophical scope. The binding of collateral on murabahah financing should be based on the existence of customer obligations for purchases that have not been paid off based on the Sharia Banking Law. The binding of collateral on murabahah transactions can also be carried out with mortgage rights or fiduciary guarantees based on the existence of customer obligations for purchases that have not been paid off as guided by the Mortgage Law and the Fiduciary Guarantee Law which has accommodated the binding of collateral by basing other main agreements other than the main agreement due to accounts payable.

The Principle of Equality Before the Law in Indonesian Corruption Case: Is It Relevant?

Article 28D paragraph (1) of the NRI Constitution of 1945 states that "Everyone is entitled to the recognition, guarantee, protection, and certainty of fair law and equal treatment before the law". Unfortunately, the implementation of the article is not in accordance with the theory. Cases that go against the principle of equality before the law include cases of corruption convicts who get lavish facilities in poor prisons. The purpose of this research to find out the form of facilities obtained by corruption inmates is reviewed from the principle of equality before the law, as well as the extent of the government's efforts in dealing with cases like this. The methodology used to resolve this error uses empirical juridical research methods. Data collection techniques by conducting interviews, observations, documentation and re-analysis with qualitative methods that aim to understand phenomena occurring in the field. The results showed that the form of facilities obtained by corruption inmates such as televisions, cell phones, air conditioners made it easier to get in and out of prisons, and so on. The Government's efforts in dealing with this are to revitalize the coaching of inmates and the revised plan of Law no. 12 of 1995 on correctional with the aim of improving the personality quality of inmates until the presence of the intention to improve themselves and do not want to repeat the validity.

A intervenção federal e a responsabilidade da segurança pública na Baía de Guanabara

Este estudo tem por escopo analisar os decretos de operações de garantia da lei e da ordem e de intervenção federal no Rio de Janeiro, além de verificar se a Marinha do Brasil deve agir sozinha no que diz respeito à segurança pública na Baía de Guanabara e nos portos. Para tanto, indagou-se sobre o aparato normativo legal e infralegal sobre a matéria, passando por diferenciar intervenção federal de garantia da lei e da ordem, tratando dos planos previstos no MD33-M-10 e do plano de intervenção federal para entender se a Marinha do Brasil possui poder de polícia para tanto ou se trata, exclusivamente, de uma Força Armada para atuar de forma cooperativa com os órgãos de segurança. Entendeu-se no estudo que a competência da segurança pública da Baía de Guanabara é da polícia federal e que deve ser realizada junto da polícia marítima, cabendo à Marinha do Brasil a cooperação nas ações de segurança da região.

Orçamento de segurança pública e orçamento de defesa no Brasil

Em 2016, no evento LAAD Security, o então Secretário de Segurança Pública do Rio de Janeiro afirmou que enquanto o orçamento de defesa brasileiro vinha se recuperando, os orçamentos de segurança pública mantinham-se defasados, o que seria um fator limitador para a execução de políticas públicas de segurança. Perante essa afirmação, questiona-se: como evoluíram os orçamentos de defesa e de segurança pública no período de 2003 a 2017? Como esses orçamentos estão estruturados? Quais as principais variáveis a impactarem sua execução orçamentária? Além desses questionamentos, diante do contexto atual, em que os dois setores (Defesa e Segurança Pública) se fundem nas ações de Garantia da Lei e da Ordem (GLO) e na recente intervenção federal, com o uso das Forças Armadas no Rio de Janeiro, o presente artigo apresenta como objetivos: comparar estruturalmente os orçamentos de segurança pública e de defesa no Brasil de 2003 a 2017; compreender de que maneira se organiza o recém-criado Ministério da Segurança Pública; e levantar dados financeiros sobre as ações de GLO que podem trazer desdobramentos financeiros para as Forças Armadas. Este tipo de análise fornece elementos para a fundamentação do planejamento público e do controle das ações desenvolvidas no âmbito dos dois segmentos e, ainda, do ponto em que tais segmentos vêm apresentando intersecção. A pesquisa traz uma discussão sobre a amplitude dos conceitos de segurança interna e externa, bem como uma revisão bibliográfica e documental sobre os gastos públicos com a área da segurança.

Philosophical Aspects of Legal Discovery (Rechtsviding) in the Testing of Law by the Constitutional Court of The Republic of Indonesia

A state based on law, the principle of the rule of law guarantees certainty, truth, and legal protection with the core of truth and justice. The establishment of the judicial institution of the Constitutional Court, the Republic of Indonesia is a manifestation of the practice of state democracy based on the constitution in Indonesia. Based on the authority possessed by the Constitutional Court, philosophically, legal discovery in judicial review is a form of constitutionally legitimized decision, if the law is contrary to the 1945 Constitution. Keywords: Philosophical Aspects, Judicial Review, Constitutional Court DOI: 10.7176/JLPG/115-13 Publication date: November 30 th 2021

INDIGENOUS PEOPLES’ RIGHTS OVER NATURAL RESOURCES: AN ANALYSIS OF HOST COMMUNITIES RIGHTS IN NIGERIA

Many States are engulfed in crises over natural resources in the form of claims and counterclaims over who should exercise legal authority over the resources located within the state territory. In Nigeria, the agitation over control of natural resources has led to militancy and rebellion against the federal government and multinational oil companies. The debate on who should control and manage natural oil resources in Nigeria exists at the local community level, the federating states level, and the federal government level. This paper x-rayed the varying contentions of these agitations from an international law perspective. It adopted the doctrinal method to explore international human rights instruments and other legal and non-legal sources to realize the result and arrive at persuasive conclusions. The paper concluded that although international law guarantees states’ exercise of sovereign rights over their natural resources, it safeguards the right of indigenous peoples and communities to manage the natural resources found within their ancestral lands to deepen their economic and social development. It also concluded that the Niger Delta indigenous peoples and oil-producing communities are entitled to exercise some measure of control and management of the processes of exploitation of the natural resources found within their lands. The paper calls on the Nigerian government to fast-track legal and policy reforms to resource rights to indigenous host communities of natural resources in Nigeria.

Penerapan Eksekusi Jaminan Fidusia Pada Benda Bergerak Terhadap Debitur Wanprestasi

This article or writing aims to discuss the Fiduciary Guarantee Law which has provided rules regarding the execution of the Fiduciary Guarantee object, but the fact is that in the field executions carried out by financial institutions do not comply with the applicable laws and regulations. carried out by financial institutions deviations and acts against the law occur. The obligation to register fiduciary guarantees is strengthened by the existence of PMK RI Number 130/PMK.010/2012 concerning Registration of Fiduciary Guarantees for finance companies that carry out consumer financing for motor vehicles with the imposition of fiduciary guarantees. The discussion focuses on how the provisions of Indonesian National law regulate the execution of fiduciary guarantees on movable objects against defaulting debtors? and how is the execution mechanism of fiduciary guarantees on movable objects against defaulting debtors. The procedure used to collect data in this study is in the form of documentation, namely the guidelines used in the form of notes or quotes, searching for legal literature, books and others related to the identification of problems in this study both offline and online. Analysis of legal materials is carried out using the content analysis method (centent analysis method) which is carried out by describing the material of legal events or legal products in detail in order to facilitate interpretation in the discussion. This paper will then be analyzed qualitatively. The purpose of this study is to find out the provisions of Indonesian National law governing the execution of fiduciary guarantees on movable objects against defaulting debtors and the mechanism of execution of fiduciary guarantees on movable objects against defaulting debtors. This study concludes that Fiduciary is the transfer of ownership rights to an object on the basis of trust provided that the object whose ownership rights are transferred remains in the control of the owner of the object. Article 1 of Law Number 42 of 1999 concerning Fiduciary Security (Law Number 42 of 1999 concerning Fiduciary Guarantee ). While Fiduciary Guarantee is a guarantee right on movable objects, both tangible and intangible and immovable objects, especially buildings that cannot be encumbered with mortgage rights as referred to in Law Number 4 of 1996 concerning Mortgage Rights which remain in the control of the Fiduciary Giver, as collateral for the repayment of certain debts, which gives priority to the Fiduciary Recipient over other creditors. (Article 1 of Law Number 42 of 1999 concerning Fiduciary Security).