Eksekusi Objek Jaminan Fidusia Pasca Putusan Mahkamah Konstitusi Republik Indonesia Nomor 18/PUU-XVII/2019 Juncto 02/PUU-XIX/2021 (Studi Kasus Pengadilan Negeri Medan)

Abstract

Fiduciary collateral is special collateral which gives special rights to a creditor to sell it without the court verdict or execution parate when there is default. Execution of fiduciary collateral is regulated in Article 15 of Law No. 42/1999 on Fiduciary Collateral. The issuance of the Constitutional Court Ruling No. 18/PUU-XVII/2019 juncto No. 02/PUU-XIX/2021 and the legal protection for creditor and debtor is when the debtor defaults. The research problems are as follows: first, whether the Constitutional Court Rulings above is in accordance with the Indonesian legal system; secondly, how about the execution process of fiduciary collateral in the pre and post issuance of the Constitutional Court Ruling above; thirdly, how about the juridical analysis on the Constitutional Court Rulings above in the scope of the Medan District Court, located in the Medan District Court in the area of Medan.

The research used normative and descriptive approaches. The data were gathered by conducting library research as the primary data and analyzed by using qualitative method.

The conclusion of the research was that the Constitutional Court Ruling has given new interpretation on the executorial title and default which are in accordance with the Indonesian legal system. In the prior to the Constitutional Court Ruling, the creditor has the right of executorial title in the execution ofg fiduciary collateral when the debtor defaults. However, in the post of the Constitutional Court Ruling, there is a change in the executorial title and default in which both creditor and debtor have to be agreed to do the execution of fiduciary collateral. If there is no agreement, the creditor should lodge a request for the execution of fiduciary collateral to the District Court. Juridical analysis of the judge in issuing the Constitutional Court Decision to protect the debtor's rights and in the Medan District Court in implementing this Constitutional Court Ruling does not run well. It is because of social factor and cultural fators in society.