Tigor Akhmad Fahrhezi, . (2025) PERLINDUNGAN HUKUM BAGI KREDITUR DALAM PELAKSANAAN EKSEKUSI JAMINAN FIDUSIA AKIBAT DEBITUR WANPRESTASI. Jurnal Kertha Semaya, 13 (7). pp. 1451-1464. ISSN 2303-0569
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Abstract
This research examines Decision Number 158/Pdt.Sus-BPSK/2023/PN.Pdg between PT Clipan Finance Indonesia and debtor Yulia, which reviews the implementation of fiduciary execution in the midst of legal objections filed by the debtor. This research focuses on decision number 158/Pdt.Sus-BPSK/2023/PN.Pdg between PT Clipan Finance Indonesia and debtor Yulia, which describes the practice of fiduciary execution in the midst of legal objections from the debtor. This research applies normative juridical method through statutory approach and case approach. The results of the research explain that even though the creditor has an authentic fiduciary security certificate, the execution of the security object must be based on mutual agreement and submission of the debtor's own will, as decided in the Constitutional Court decision No. 18/PUU-XVII/2019 and Constitutional Court decision No. 2/PUU-XIX/2021 . Consequently, the enforcement action should be undertaken through the court system to ensure legal certainty. Legal protection for creditors includes preventive and repressive aspects, but must still follow the principles of prudence and due process. This research also highlights the procedural weaknesses of BPSK in handling cases that have been agreed to be settled in court. A stronger understanding of collateral execution procedures is needed so as not to cause new disputes.
| Item Type: | Article |
|---|---|
| Additional Information: | [No. Panggil : 2110611343] [Pembimbing : Surahmad] [Penguji 1 : Andriyanto Adhi Nugroho] [Penguji 2 : Dwi Aryanti Ramadhani] |
| Uncontrolled Keywords: | Legal Protection, Fiduciary Guarantee Execution, Default |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S1) |
| Depositing User: | TIGOR AKHMAD FAHRHEZI |
| Date Deposited: | 14 Aug 2025 01:59 |
| Last Modified: | 14 Aug 2025 01:59 |
| URI: | http://repository.upnvj.ac.id/id/eprint/39055 |
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