PERLINDUNGAN HUKUM BAGI KREDITUR TERHADAP JAMINAN FIDUSIA DALAM WANPRESTASI DEBITUR

Abstract

 Fiduciary is a form of guarantee for movable objects in addition to pawn which 
is developed by jurisprudence. Fiduciary guarantee is regulated by Law Number 42 of 
1999. After the issuance of Constitutional Court Decision Number 18/PUU-XVII/2019, the 
executorial power of the fiduciary guarantee certificate has become different. The 
explanation in the ruling of the Constitutional Court Decision 18/PUU-XVII/2019 has 
granted the applicants' request in part and stated that the phrase contained in Article 15 
Paragraph (2) and its explanation and Paragraph (3) of the Fiduciary Law is contrary to 
the 1945 Constitution as long as it is not interpreted as interpreted by the Panel of Judges 
of the Constitutional Court as contained in the Decision. The purpose of this study is to 
determine and describe the legal protection for creditors against Fiduciary Guarantees in 
the event of debtor default following the Constitutional Court Decision No. 18/PUU
XVII/2019. The research method used is an empirical juridical approach, and the research 
specifications used in this study are descriptive analytical.