Research Article
Comparison of Procedural Laws of Executive Power Certificate of Fiduciary Guarantee and Guarantee of Mortgage Based on The Decision of The Constitutional Court
@INPROCEEDINGS{10.4108/eai.14-4-2021.2312847, author={Inri Januar and Mochammad Bakri and Rachmi Sulistyarini and Budi Santoso}, title={Comparison of Procedural Laws of Executive Power Certificate of Fiduciary Guarantee and Guarantee of Mortgage Based on The Decision of The Constitutional Court }, proceedings={Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia}, publisher={EAI}, proceedings_a={ICLHR}, year={2021}, month={10}, keywords={execution legal protection guarantee}, doi={10.4108/eai.14-4-2021.2312847} }- Inri Januar
Mochammad Bakri
Rachmi Sulistyarini
Budi Santoso
Year: 2021
Comparison of Procedural Laws of Executive Power Certificate of Fiduciary Guarantee and Guarantee of Mortgage Based on The Decision of The Constitutional Court
ICLHR
EAI
DOI: 10.4108/eai.14-4-2021.2312847
Abstract
The Constitutional Court has issued two decisions regarding the executorial power of the guarantee certificate, namely decision number 18 / PUU-XVII / 2019 regarding the procedural law for fiduciary security and number 21 / PUU-XVIII / 2020 regarding the right of mortgage. According to the court, the articles tested in the two decisions had different meanings even though the articles tested had the same text and context. These two decisions have an important role in the law of guarantee, which in principle provides convenience in the execution of the execution so that it is not equated with general procedural law. It is necessary to formulate a special procedural law for the implementation of the executorial power of the guarantee certificate which reflects protection, certainty and justice for both creditors and debtors after the two decisions.