Arla Haiqa Saffanah, . (2024) PERLINDUNGAN HUKUM DEBITUR DALAM EKSEKUSI JAMINAN FIDUSIA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019. Jurnal USM Law Review, 7 (3). pp. 1784-1800. ISSN 2621-4105
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Abstract
This research is motivated by the frequent occurrence of unilateral executions by creditors that often harm debtors. The study examines the impact of Constitutional Court Decision Number 18/PUU-XVII/2019 on the execution of fiduciary guarantee objects in Indonesia. This ruling reinterprets provisions in Law No. 42 of 1999 on Fiduciary Guarantees, and the research focuses on the legal uncertainties in the implementation of fiduciary guarantees, particularly regarding the rights and protection of debtors during the repossession of collateral objects by creditors. Although the Constitutional Court’s decision aims to provide a balanced protection between the rights of debtors and creditors, practical challenges in the field indicate that this balance has yetto be fully realized. Unlike previous studies that only discussed the aspects of the decision, this research offers a new perspective by examining the obstacles in the execution process, both before and after the Constitutional Court's decision, and analyzing specific case studies. This study uses a normative juridical method.The findings indicate that although the Constitutional Court Decision Number 18/PUU-XVII/2019 has provided a stronger legal foundation, legal protection for debtors has not been fully achieved. Non-compliance by financing institutions and a lack of understanding of the amended provisions are the main obstacles. Therefore, further harmonization between the Fiduciary Guarantee Law and related regulations is needed to ensure consistent and aligned implementation in fiduciary guarantee execution. Enhanced supervision mechanisms and fair law enforcement are also necessary to achieve balanced legal protection.
| Item Type: | Article |
|---|---|
| Additional Information: | [No. Panggil: 2110611140] [Pembimbing: Dwi Aryanti Ramadhani] [Penguji 1: Abdul Halim] [Penguji 2: Satino] |
| Uncontrolled Keywords: | Debtor; Execution; Fiduciary Guarantee; Legal Protection |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S1) |
| Depositing User: | ARLA HAIQA SAFFANAH |
| Date Deposited: | 12 Feb 2025 04:07 |
| Last Modified: | 12 Feb 2025 04:07 |
| URI: | http://repository.upnvj.ac.id/id/eprint/35426 |
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