ANALISIS TERHADAP UNDANG-UNDANG NOMOR 49 TAHUN 1999 TENTANG JAMINAN FIDUSIA DAN AKIBAT HUKUM TERHADAP DEBITUR DALAM KREDIT MACET

Abstract

Analysis of Law Number 42 of 1999 Concerning Guarantees Fiduciary and Legal Consequences for Debtors in Bad Credit, the enactment of Law Number 42 of 1999 concerning Fiduciary Guarantees, which has absolute power of execution, this is regulated in article 15 paragraph (2) but often this power of execution is carried out by the recipient fiduciaries (creditors) are carried out arbitrarily, the important thing is that the fiduciary guarantee object can be executed. So this is very detrimental to the debtor or fiduciary giver, as a result the debtor has no legal certainty and is unfair. The emergence of the Constitutional Court Decision Number 18/PUU-XVII/2019 provides an edial condition for society and the state in order to achieve legal justice. So that the decision of the Constitutional Court is intended to create legal certainty and justice and is particularly useful in providing legal protection for debtors for collateralized objects and arbitrary actions taken by creditors for collateralized objects, when executions occur on objects that are fiduciary guarantees. Thus the execution of objects that become fiduciary guarantees may no longer be carried out immediately, but must go through court procedures that have permanent legal force. The execution of fiduciary guarantee objects based on the Constitutional Court Decision basically does not conflict with the Fiduciary Guarantee Law, and even clarifies the process and mechanism of execution fiduciary guarantee.