CONCEPT OF INTEGRATION OF CONSTITUTIONAL COURT DECISION NUMBER: 18/PUU-XVII/2019 IN THE EXECUTION OF FIDUCIARY GUARANTEE OBJECTS IN THE GENERAL COURT

Abstract

As a guarantee institution, Fiduciary Guarantee is a supporting agreement of a principal agreement that creates an obligation for the parties to fulfill a performance. So far, the regulation of fiduciary guarantees has been carried out based on Law Number 42 of 1999 concerning Fiduciary Guarantees (Fiduciary Guarantee Law). The number of Fiduciary registrations has increased when the Regulation of the Minister of Finance of the Republic of Indonesia Number 130/PMK.010/2012 concerning Fiduciary Guarantee Registration for Financing Companies That Provide Consumer Financing for Motor Vehicles with Fiduciary Guarantee Charges came into effect. Fiduciary guarantees have been practically pledged to financial institutions as creditors, but it turns out that there is still a problem that the fiduciary guarantee cannot be executed by the creditor. The execution of fiduciary guarantees experiences a legal vacuum that is detrimental to the interests of both debtors and creditors. For this reason, the author formulates the problem. The method used in this study is Juridical-Normative and with a statutory regulatory approach (statute Approuch). The results of the study show that the Integration of the Constitutional Court Decision Number: 18/Puu-XVII/2019 regarding the execution of fiduciary guarantees in the court proceedings is the most effective and beneficial for creditors and debtors, namely in the form of the Supreme Court Regulation (PERMA).