DINAMIKA EKSEKUSI JAMINAN FIDUSIA DALAM SISTEM HUKUM JAMINAN DI INDONESIA MENURUT PERSPEKTIF KEPASTIAN HUKUM

Sari

The regulation governing fiduciary security is Law Number 42 of 1999 concerning fiduciary security. Although Law Number 42 of 1999 concerning fiduciary security is 27 years old, the provisions regarding the execution of fiduciary security remain a frequently debated issue, both from the creditor and debtor side, and are interesting to study. This research aims to analyze the dynamics of fiduciary security execution in the Guarantee Law system in Indonesia from the perspective of legal certainty. The methodology used in this research is Normative Legal Research. A fiduciary security certificate has the same execution power as a court decision that has permanent legal force. If the debtor defaults, the creditor has the right to directly execute the object used as the object of fiduciary security. However, there has been a change in the practice of executing objects used as fiduciary security objects since the issuance of Constitutional Court Decision Number 18/PUU-XVII/2019. There is a conflict of norms between Law Number 42 of 1999 concerning fiduciary security and Constitutional Court Decision Number 18/PUU-XVII/2019. From a legal certainty perspective, there should be no dualistic rules regarding the execution of fiduciary security objects. This means that execution of fiduciary security objects may only be carried out through a court decision without exception. Therefore, Law Number 42 of 1999 concerning fiduciary security should be updated.

Keywords: Fiduciary Guarantee, Execution, Dynamics, Constitutional Court Decision, Legal Certainty