PARATE EXECUTION AFTER THE DECISION OF THE COSTITUTIONAL COURT (MK) NO. 18/PUU-XVII/2019 AND NO: 02/PUU-XIX/2021 CONCERNING THE EXECUTION OF FIDUCIARY GUARANTEE ON LEASING FINANCING INSTITUTIONS

Abstract

Constitutional court Decision No. 18/PUU-XVII/2019 is a phenomenal decision that abolishes the Execution Parate institution as stated in article 15 paragraphs (2) and (3) of Law Number: 42 of 1999 concerning Fiduciary Guarantees. This decision was resubmitted by a third party and decided by the Constitutional Court with decision No. No. 2/PUU-XIX/2021. Both decisions eliminate the position of Execution Parate in Law Number 42 of 1999 concerning Fiduciary Guarantees. Parate Execution is the legality of the lessor to execute if the lessee defaults. The position of the Execution Parate as a guarantee legal institution after the decision of the Constitutional Court is a legal issue in the execution of the objects that are not legally owned by the lessee. From the above problems, the purpose of this paper is to reviewing the position of the Execution Parate after the decisions numbers 18/PUUXVII/2019 and 2/PUU-XIX/2021of the lessors executorial rights based on the Execution Parate. The research method used in this paper in normative juridical with a statutory and conceptual approach. The result of study show that the position of Execution Parate as regulated in article 15 paragraphs (2) and (3) concerning guarantees has been eliminated and the execution of object must based on an agreement with the debtor who has admitted to default or submits an application for execution to the district court.