KEPASTIAN HUKUM PELAKSANAAN EKSEKUSI SEPIHAK TERHADAP OBJEK JAMINAN FIDUSIA

• Main Author: Cantika Angriani Marwoto, (Author)
• Format: Book
• Published: 2022-06-24.
• Subjects: Thesis; NonPeerReviewed
• Online Access: Link Metadata
• Notes: http://repository.upnvj.ac.id/21011/1/ABSTRAK.pdf; http://repository.upnvj.ac.id/21011/2/AWAL.pdf; http://repository.upnvj.ac.id/21011/3/BAB%201.pdf; http://repository.upnvj.ac.id/21011/4/BAB%202.pdf; http://repository.upnvj.ac.id/21011/5/BAB%203.pdf; http://repository.upnvj.ac.id/21011/6/BAB%204.pdf; http://repository.upnvj.ac.id/21011/7/BAB%205.pdf; http://repository.upnvj.ac.id/21011/8/DAFTAR%20PUSTAKA.pdf; http://repository.upnvj.ac.id/21011/9/RIWAYAT%20HIDUP.pdf; http://repository.upnvj.ac.id/21011/10/LAMPIRAN.pdf; http://repository.upnvj.ac.id/21011/11/HASIL%20PLAGIARISME.pdf; http://repository.upnvj.ac.id/21011/12/ARTIKEL%20KI.pdf
• Keywords: K Law (General)

The parties who carry out lending and borrowing activities make a guarantee agreement as a form of anticipation so that unwanted things do not happen so that they can carry out their obligations according to what was agreed. This fiduciary binding agreement begins with the existence of debts between creditors and debtors where this agreement aims to anticipate if the creditor defaults to pay off his debts. The Constitutional Court issued the Constitutional Court Decision Number 18/PUU-XVII/2019 as a form of government responsibility for Article 15 paragraph 2 of the UUJF which has an interpretation of executive power where creditors can carry out forced and unilateral executions that will harm the debtor. The research method used is normative juridical using a statutory approach. There are 3 executions of fiduciary guarantee objects before the pandemic, namely the implementation of executorial titles, sales of fiduciary guarantee objects through public auctions by taking repayment of their receivables from the proceeds of sales and underhand sales made based on an agreement. The Constitutional Court issued the Constitutional Court Decision Number 2/PUU-XIX/2021 as an explanation of the execution of the previous decision. Creditors must use Article 196 of the HIR as a guideline in carrying out executions so that there is no forced withdrawal that results in disruption of public order. Clear execution procedures are needed, revisions to the UUJF that can provide fundamental changes, decisions that can provide legal certainty and socialization to the public and law enforcement officers regarding the execution of fiduciary guarantee objects.