Fiduciary security execution after constitutional court decision

Abstract

Fiduciary collateral is one of the material guarantees, thus giving a fiduciary recipient a strong position. This is the main principle of fiduciary collateral, one of which is if the debtor defaults then the fiduciary collateral object can be executed. With the decision of the Constitutional Court No. 18/PUU-XVII/2019, there are various conflicting opinions. This study aims to find evidence and analyze with legal studies relating to the execution of fiduciary guarantees after the existence of the decision. The research method used is socio legal. From the results of the study it can be seen that the existence of the Constitutional Court decision lead to a variety of different interpretations. It is assumed that fiduciary recipients can no longer carry out executions based on their own power because they have to go through court. On the other hand, it is of the view that if the fiduciary recipient does not have the right to carry out executions based on the power of the fiduciary recipient himself and must go through a court of law then this is contrary to the principle of material security. The difference in interpretation can lead to legal uncertainty and lack of legal protection for fiduciary recipients who should have a strong position. Among other things in the case of debtor defaults, execution should be carried out without having to go through court.