JAMINAN FIDUSIA PASCA PUTUSAN MAHKAMAH KONSTITUSINOMOR 18/PUU-XVII/2019

Abstract

Authentic deeds have a very important position in people's lives to ensure legal certainty and legal protection for the parties as well as what is stated in the deed in accordance with the applicable regulations in the Law on Notary Position (UUJN). As with the research that will be made by researchers, it will discuss the guarantee of legal certainty for Fiduciary security holders after the Constitutional Court Decision Number 18 / PUU-XVII / 2019. In the verdict Constitutional Court has provided a different legal interpretation, that the executorial power of the Fiduciary Guarantee Certificate does not automatically enforce, but depends on certain circumstances, for example, the agreement of default between the creditor and the debtor in the agreement clause regarding when and why the debtor is declared in default, then the execution is through fiduciary guarantee certificate can be implemented or the debtor submits the fiduciary guarantee object voluntarily. This decision has an impact on creditors who should have an easy nature of execution if the debtor does not perform his obligations and if the debtor refuses to cooperate, the creditor must obtain a court decision before executing. The type of research used in this research is normative juridical research is the type of research that will be used and is accompanied by the use of a statutory approach (Statue approach) and a conceptual approach. This research is made based on methods by examining existing literature such as laws and regulations, books relating to the issue to be solved, as well as dictionaries and encyclopedias.