Research Article
Fulfillment of Creditors' Rights in The Execution of Fiduciary Guarantees Post Constitutional Court Ruling Number 18/PUU-XVII/2019
@INPROCEEDINGS{10.4108/eai.25-5-2024.2349347, author={Wennie Melannie and Megawati Barthos}, title={Fulfillment of Creditors' Rights in The Execution of Fiduciary Guarantees Post Constitutional Court Ruling Number 18/PUU-XVII/2019}, proceedings={Proceedings of the 4th International Conference on Law, Social Sciences, Economics, and Education, ICLSSEE 2024, 25 May 2024, Jakarta, Indonesia}, publisher={EAI}, proceedings_a={ICLSSEE}, year={2024}, month={8}, keywords={creditor rights execution fiduciary}, doi={10.4108/eai.25-5-2024.2349347} }- Wennie Melannie
Megawati Barthos
Year: 2024
Fulfillment of Creditors' Rights in The Execution of Fiduciary Guarantees Post Constitutional Court Ruling Number 18/PUU-XVII/2019
ICLSSEE
EAI
DOI: 10.4108/eai.25-5-2024.2349347
Abstract
The issuance of Constitutional Court Decision Number 18/PUU-2019 has brought significant changes to the execution of fiduciary guarantees. Creditors can no longer carry out executions through executorial titles if the constitutional requirements set by the Constitutional Court are not met, namely an acknowledgment of default from the debtor and voluntarily surrendering the collateral object. If these conditions are not met, the creditor must apply for a stipulation through the court in carrying out the execution. This article discusses the implementation of the execution of Fiduciary Guarantee objects in relation to the position of executorial title in the Fiduciary Guarantee Certificate and the protection of creditors' rights in the implementation of execution after the decision a quo from the philosophical perspective of the formation of Law Number 42 of 1999 concerning Fiduciary Guarantees after the decision.
