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| Jenis | : |
KKM
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| Judul | : |
EKSEKUSI JAMINAN FIDUSIA SETELAH ADANYA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019
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| Subjek | : |
Contracts
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| Pengarang | : |
Diyyah Ayu Imtihani
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| Pembimbing | : |
Nur Wakhid,
Anggitariani Rayi Larasati Siswanta
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2024
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| Call Number | : |
346.022 IMT e
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
Constitutional Court Decision Number 18/PUU-XVII/2019 is a decision to decide
a fiduciary guarantee case. All judicial decisions must have a legal impact on
various parties. The purpose of the research is to analyze the execution of
fiduciary guarantees after the decision of the Constitutional Court Number
18/PUU-XVII/2019 and analyze the legal consequences for debtors and creditors
after the decision of the Constitutional Court Number 18/PUU-XVII/2019. This
research was conducted using normative juridical research methods in which
secondary data was used as supporting data. The results of this study indicate
that the Constitutional Court Decision Number 18/PUU-XVII/2019 reduces the
protection of creditor rights. This is known from the determination of a breach of
promise or default that may not be carried out unilaterally by the Creditor when
executing a fiduciary security object. This change has an impact on the execution
process that cannot be carried out immediately if the debtor is proven to be in
default. The amendment also reduces the executorial power of the fiduciary
guarantee certificate, eliminates parate execution, and eliminates the specificity
of fiduciary guarantees in the ease of the execution process. As a legal
consequence, the Creditor loses the ability to file an execution petition to the
court without a default judgment against the Debtor. This also eliminates the
preferred rights owned by the Creditor, and creates uncertainty in the execution
process of fiduciary guarantees.
Keywords: Execution, Breach of promise, Fiduciary Guarantee, Legal Effect.
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