Indonesian Journal of Law and Economics Review
Vol 9 (2020): November

Weaknesses of Fidusia Execution After Rules of the Constituonal Court Number 18/PUU-XVII/2019

Suyanti Suyanti (Law Study Program, Faculty of Business, Law and Social Sciences, University of Muhammadiyah Sidoarjo)
Sri Budi Purwaningsih (Law Study Program, Faculty of Business, Law and Social Sciences, University of Muhammadiyah Sidoarjo)



Article Info

Publish Date
10 Nov 2020

Abstract

The public's need for funding is currently increasing, which is used as additional capital, then people borrow funds from financing institutions on the condition that there is a guarantee to ensure legal certainty and if the debtor has broken his promise later, the object that is guaranteed can be executed, one form of guarantee institution, namely: fiduciary guarantee. The problem examined in this research is whether the decision of the constitutional court number 18 / PUU-XVII / 2019 weakens the implementation of the fiduciary guarantee execution and what is the weakness in the implementation of the fiduciary guarantee execution. The methodology used in this research is juridical and sociological based on field data and statutory regulations which are equipped with theory and literacy then followed by field data to answer the problems studied with a statute approach and analyzed deductively. The results of the research on the execution of the fiduciary object cannot be carried out by the creditor if there is no agreement from the debtor and if it is not interpreted about the existence of a default and the debtor is not willing to give voluntarily and the execution of the execution is not easy for the creditor to do.

Copyrights © 2020






Journal Info

Abbrev

ijler

Publisher

Subject

Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Description

Indonesian Journal of Law and Economics Review (IJLER) is published by Universitas Muhammadiyah Sidoarjo four times a year. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of ...