Implementation of the Decision of the Constitutional Court of the Republic of Indonesia Number 18/PUU-XVII/2019 on the Execution of Fiduciary Security

Abstract

In economic activities, Banking Institutions and Non-Bank Financial Institutions including Financing Institutions play an important role in running the wheels of economic activities. Because of this important role, financial institutions then developed rapidly to support various economic activities. In Indonesia, there are three types of companies that act as financing institutions, namely financing companies, venture capital companies and infrastructure financing companies. Among the three types of financing institutions, Consumer Financing is a type of financing that provides financing for consumers who intend to buy motorized vehicles, either four-wheeled or two-wheeled, using a buying and selling scheme in installments.To guarantee timely installment payments,consumers provide fiduciary guarantees for motorized vehicles purchased with an installment system, so that if consumers do not fulfill their obligations under a consumer financing agreement, then based on a fiduciary guarantee deed, granting executive power to creditors to execute / withdraw the vehicle that is guaranteed as collateral. fudusia and auction it off to pay off consumer debt. However, the creditor's right to execute was then submitted for a judicial review to the Constitutional Court of the Republic of Indonesia by one of the debtors who broke his promise. The Constitutional Court with its decision Number 18/PUU-XVII/2019 decided not to abolish the executorial power of the fiduciary guarantee deed, as long as certain conditions were met, namely an agreement on breach of contract and the voluntary surrender of the fiduciary object. However, the decision of the Constitutional Court was then interpreted erroneously by the debtor, as if the creditor no longer had executive power. This difference in interpretation becomes a new polemic and problem at the implementation stage, especially in terms of criminal law norms.