Analisis Yuridis Terhadap Eksekutorial Titel Dalam Sertifikat Jaminan Fidusia (Pasca Putusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019)

Rosalini, Bela and , Septarina Budiwati, S.H., M.H., C.N. (2022) Analisis Yuridis Terhadap Eksekutorial Titel Dalam Sertifikat Jaminan Fidusia (Pasca Putusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019). Skripsi thesis, Universitas Muhammadiyah Surakarta.

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Abstract

In everyday life the need for funds to move the wheels of the economy is increasing. Business actors to obtain funds for the implementation and development of their business businesses can be taken by lending or credit through banking or financing or finance institutions, with guarantees of both moving and iovable objects. One of the guarantee institutions used by business actors is a fiduciary guarantee institution. One of the characteristics of the Fiduciary Guarantee is the ease of execution. But after the decision of the Constitutional Court No. 18 / PUU-XVII / 2019 caused a difference in regulations against the execution of Fiduciary Guarantees. This research aims to find out the Constitutional Court Decision No. 18/PUU-XVII/2019 on the Executory of the Title in the Certificate of Fiduciary Guarantee, to find out the legal implications for the parties. This research uses a normative juridical approach that is to utilize the findings of empirical legal science and other sciences for the benefit and analysis and explanation of law, without changing the character of legal science as a normative science related to the executory title in the Certificate of Fiduciary Guarantee. The type of research used is research that is descriptive because it is to analyze and elaborate on the executory title in the Certificate of Fiduciary Guarantee After the Constitutional Court Decision No. 18 / PUU-XVII / 2019. The results showed that the Ruling stated that the Fiduciary Guarantee Certificate has no Executive Power as long as there is no agreement on the injury of the promise between creditors and debtors.The execution of the Fiduciary Guarantee Certificate must be carried out and applies the same as the court's decision that has permanent legal force. The injury of the promise is determined on the basis of a mutual agreement between the Creditor and the Debtor or on the basis of legal efforts that have stated that there has been an injury to the promise. The Constitutional Court's ruling provides legal implications that can cause a loss of interest from prospective creditors to be able to provide loans to prospective debtors. Creditors also lose the right of execution parate if the debtor is injured by a promise. The ruling could add new burdens in court. KPKNL needs to conduct a further review of any auction application for fiduciary guarantee items. In the event of notary authority in making the Notary Fiduciary Guarantee Deed shall add and clarify the appointment injury clause in detail to the agreement between the Debtor and the Creditor.

Item Type:	Thesis (Skripsi)
Uncontrolled Keywords:	executory title, certificate of fiduciary guarantee, promise injury
Subjects:	K Law K Law > KI Indonesia > KG Law (General) K Law > KI Indonesia K Law > KI Indonesia > KP Perdanta
Divisions:	Fakultas Hukum > Hukum
Depositing User:	BELA ROSALINI
Date Deposited:	11 Feb 2022 03:48
Last Modified:	11 Feb 2022 03:48
URI:	http://eprints.ums.ac.id/id/eprint/97370

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