CD Skripsi

Pelaksanaan Eksekusi Objek Jaminan Fidusia Pasca Putusan Mahkamah Konstitusi Nomor 18/Puu-Xvii/2019 Dan Putusan Mahkamah Konstitusi Nomor 2/Puu-Xix/2021

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The emergence of Constitutional Court Decision Number 18/PUU-XVII/2019 and Constitutional Court Decision Number 2/PUU-XIX/2021 has caused the procedures for executing a fiduciary guarantee object to change. After the decision has been made, there must be an agreement between both parties that the debtor has defaulted and does not want to provide the collateral object voluntarily, so the creditor cannot forcibly execute the collateral object, but instead there must be a request for an execution order from the court. Research was conducted on one of the financing institutions in Pekanbaru, namely PT Capella Multidana, whether these arrangements had been implemented. The aim of this thesis research is first, how to carry out the execution of fiduciary guarantee objects. Second, what are the obstacles that occur in the execution of fiduciary guarantee objects after the issuance of the Constitutional Court decision Number 18/PUU-XVII/2019 and the Constitutional Court Decision Number 2/PUU-XIX/2021.
The type of research is sociological legal research, namely research carried out on actual conditions or real conditions that occur in society. This research uses primary data originating from field data and secondary data consisting of primary, secondary and tertiary legal materials. The data collection technique used in this research is using unstructured interview and literature review methods. This research uses qualitative methods, namely research procedures that produce descriptive data, namely what is stated in writing.
The results of this research indicate that the implementation of the execution of fiduciary guarantee objects is contrary to the Constitutional Court Decision Number 18/PUU-XVII/2019 and the Constitutional Court Decision Number 2/PUU-XIX/2021, there is no change in the execution mechanism that occurred after the decision by continuing to execute directly an object of fiduciary collateral without any interference from the court. The creditor, namely the finance company, should carry out the execution of a fiduciary collateral object in accordance with the applicable regulations, namely the Constitutional Court Decision, so that if an execution occurs and the debtor still does not want to hand over the collateral object, it can be resolved by going through the court.

Keywords: Execution-Fiduciary Guarantee-Constitutional Court Decision

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

2009112801

Penerbit

Pekanbaru : Universitas Riau - F. Hukum - Hukum Perdata., 2024

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

2009112801

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PERDATA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Vina

Versi lain/terkait

Lampiran Berkas

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