Legal Certainty of Execution of Fiduciary Guarantees After the Decision of the Constitutional Court Number 18/PUU-XVII/2019 & Number 2/PUU-XIX/2021

Abstract

The author in this case will try to describe and explain the legal certainty of the execution of fiduciary guarantees after the decisions of the Constitutional Court Number 18/PUU-XVII/2019 & Number 2/PUU-XIX/2021. The decision of the Constitutional Court is a form of legal solution provided by the government so that all parties who have legal relations are guaranteed their rights and legal certainty and all parties are protected from the arbitrariness of other parties in fulfilling their rights. In guaranteeing the Execution of Fiduciary Guarantees through Auctions or Sales of collateral under the hand to fulfill obligations, it is a legal protection for creditors and the delivery of fiduciary objects by the debtor is an obligation if the debtor is in default as stipulated in Article 30 of Law Number 42 of 1999 concerning Fiduciary Guarantees. However, it is very rare for a debtor to voluntarily hand over fiduciary collateral after a default, even after the creditor has asked nicely, the debtor still doesn't want to hand it over, while executions can only occur if the fiduciary collateral exists because it is a series of executions of the fiduciary guarantee. In this case the Constitutional Court Decision No. 2 /PUU-XIX/2021 confirms that the execution of fiduciary guarantees can be submitted to the district court by creditors and this is an alternative. The alternative in question is an option if a default agreement is not reached and there is no voluntary surrender of the object of a fiduciary guarantee by the debtor, then the choice of execution cannot be carried out by the creditor himself but asks for assistance from the district court to carry out the execution. Submission to court is not by filing a lawsuit, but in the form of a request for execution by court order.