Jurnal Ilmiah Hukum LEGALITY
Vol. 31 No. 1 (2023): March

The meaning of “strength executive" in the Constitutional Court decision for the execution of fiduciary securities

Shohib Muslim (State Polytechnic of Malang, Indonesia)
Shinta Hadiyantina (Faculty of Law, Universitas Brawijaya, Indonesia)
Hudriyah Mundzir (State Polytechnic of Malang, Indonesia)
Zainal Amin Ayub (School of Law, Universiti Utara Malaysia, Malaysia)



Article Info

Publish Date
19 Mar 2023

Abstract

Judicial decisions must have legal implications for relevant parties. PMK No. 2/PUU-XIX/2021 remains debatable between creditors and debtors because it seemingly weakens the protection of creditors' rights. Creditors cannot immediately carry out enforcement procedures that cut off the creditor's business flow because the position of the subject of fiduciary obligations is in the debtor's control, making it possible for disputes between debtors and creditors. This normative legal research was conducted using a philosophical, juridical approach covering statutory policies, conceptual and case approaches. PMK No. 2/PUU-XIX/2021 does not regulate creditor legal provisions in enforcing fiduciary securities, making it difficult for creditors to execute them. The Constitutional Court should decide to guarantee justice for all parties and provide a decision with clear content and sentence structure, so multiple interpretations will not occur. The execution of fiduciary securities during the Covid-19 pandemic should not be immediately carried out because the creditor had to follow the predetermined procedures.

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Journal Info

Abbrev

legality

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Ilmiah Hukum Legality (JIHL) is a peer-reviewed open access Journal to publish the manuscripts of high quality research as well as conceptual analysis that studies in any fields of Law, such as criminal law, private law, bussiness law, constitutional law, administrative law, international ...