AKTA JAMINAN FIDUSIA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019

AGRESIA, DIENDA DWI and Yahanan, Annalisa and Trisaka, Agus (2021) AKTA JAMINAN FIDUSIA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019. Master thesis, Sriwijaya University.

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Abstract

Before to the Constitutional Court Decision Number 18/PUU-XVII/2019 (MK Decision Number 18/PUU-XVII/2019), the execution of the object of fiduciary assurance was carried out by the creditor to immediately unilaterally on the basis of the executorial title since the Fiduciary Assurance Certificate was equivalent to a decision with constant legal force which in its implementation caused injustice to the debtors and potential physical conflicts between creditors and debtors. After the MK Decision Number 18/PUU-XVII/2019, the implementation is the same as the procedure for executing decisions with constant legal force. This study aims to analyze the execution of the fiduciary assurance object before and after the MK Decision Number 18/PUU-XVII/2019, its legal consequences on the execution procedure, and the future Fiduciary Assurance Deed made by a Notary in practice. The results of this study indicate that the execution of the fiduciary assurance object before the MK Decision Number 18/PUU-XVII/2019 is, if the debtor breaks his promise and does not voluntarily submit the fiduciary assurance object, the creditor through the executive title has the right to immediately withdraw and sell the fiduciary assurance object on his own power. After the MK Decision Number 18/PUU-XVII/2019, the execution of the object of fiduciary assurance is the same as the procedure for the execution of a decision with constant legal force. The legal consequence of the MK Decision Number 18/PUU-XVII/2019 on the execution procedure for the object of fiduciary assurance is that the execution is equated with the procedure for executing a decision that has constant legal force through the assistance of securing execution by the Police who are passive. Furthermore, fiduciary assurance lose the essence of specificity regarding the ease of execution. In the future, the Fiduciary Assurance Deed that is made by a Notary in practice after the MK Decision Number 18/PUU-XVII/2019 is the inclusion of clauses and affirmation of phrases regarding the debtor's breach of contract and the debtor's voluntarily submitting the object of fiduciary asusurance object if breachcing the contract. Furthermore, the inclusion of a clause regarding a warning to the debtor to fulfill his obligations or voluntarily submit the object of the fiduciary assurance to the creditor in the event of default.

Item Type:	Thesis (Master)
Uncontrolled Keywords:	Debitur; Eksekusi; Jaminan Fidusia; Kreditur; Mahkamah Konstitusi; Notaris
Subjects:	K Law > K Law (General) > K1-7720 Law in general. Comparative and uniform law. Jurisprudence
Divisions:	02-Faculty of Law > 74102-Notarial Law (S2)
Depositing User:	Dienda Dwi Agresia
Date Deposited:	03 Aug 2021 04:08
Last Modified:	03 Aug 2021 04:08
URI:	http://repository.unsri.ac.id/id/eprint/51176

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