PROCEDURE FOR TRANSFER OF FIDUCIARY OBJECTS IN INDONESIA POST THE DECISION OF THE CONSTITUTIONAL COURT NUMBER 18/PUU-XVII/2019

Abstract

This research aims to examine whether the issuance of Constitutional Court Decision No. 18 / PUU-XVII / 2019 provides legal certainty to the parties to credit agreements. The results of this study indicate that the fiduciary collateral law does not guarantee legal certainty to the fiduciary givers and recipients because of the unequal position between fiduciary givers and fiduciary recipients. Because the creditor cannot execute by force himself but by asking for the help of the police, if there is a breach of promise (failure) of the credit right (the debtor) against the creditor which is still not recognized by the debtor and objections to the voluntary surrender of the things that are the subject of the credit agreement. So in essence it states that the assessment of default must be based on the debtor's agreement, including the credit guarantee that you want to enforce, and must also be submitted voluntarily. However, if the debtor objects, the creditor has no right to enforce except for legal remedies that provide for the debtor's default. The power of the police service is limited to ensuring execution if necessary, and not as part of the execution, unless there is a procedure containing criminal elements, the new police service has the power to enforce criminal law.