Execution of Fiduciary Guarantee After the Decision of the Constitutional Court No. 18/puu-xvii/2019 in the Semarang State Court

DOI

10.2991/978-2-38476-024-4_42How to use a DOI?

Keywords

Execution; fiduciary guarantee; Constitutional Court Decision No. 18 PUU-XVII 2019

Abstract

Fiduciary guarantees were born because of the community’s need for guarantee institutions other than mortgages and pawns, in pawn guarantees the object of collateral is contradicted by the provisions of Article 1152 of the Civil Code. That the object of the guarantee is in the power of the creditor (inbezitseling). In contrast to a pawn, the object of a fiduciary guarantee is still in the control of the debtor. In terms of the execution of fiduciary guarantees regulated in UUF, its implementation still raises legal problems in practice. The purpose of this study is to determine the implementation of the execution, the obstacles, and how to overcome the guarantee of fiduciary execution in the Semarang District Court after the Constitutional Court Decision No. 18/PUU-XVII/2019. The approach method used in this research is the normative juridical method. Based on the results of the research, the fiduciary recipient creditor may not carry out his execution (Parate Execution) but must submit a request for implementation to the District Court. Parate execution can be carried out if there is an agreement regarding default that has been determined in advance and the debtor is willing to submit the object of the fiduciary guarantee voluntarily. Fiduciary guarantees, lost goods, very large execution costs, damaged goods, goods controlled by third parties including goods for rent or sale to other people.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Darmawan Tri Budi Utomol
AU  - Mieke Anggaraeni Dewi
AU  - Icha Pratiwi
PY  - 2023
DA  - 2023/04/19
TI  - Execution of Fiduciary Guarantee After the Decision of the Constitutional Court No. 18/puu-xvii/2019 in the Semarang State Court
BT  - Proceedings of the International Conference On Law, Economics, and Health (ICLEH 2022)
PB  - Atlantis Press
SP  - 424
EP  - 431
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-024-4_42
DO  - 10.2991/978-2-38476-024-4_42
ID  - Utomol2023
ER  -