Proceedings of the International Conference On Law, Economics, and Health (ICLEH 2022)

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The Legal Balance of Debtors and Creditors as Objects of Fiduciary Guarantee in Party Execution Post-constitutional Court Decision No. 18/PUU-XVII/2019

Authors
Agus Murianto1, *
117 Agustus University, Semarang, Indonesia
*Corresponding author. Email: amutjia.lawfirm@gmail.com
Corresponding Author
Agus Murianto
Available Online 19 April 2023.
DOI
10.2991/978-2-38476-024-4_5How to use a DOI?
Keywords
Debtors and Creditors; Fiduciary Guarantee; Execution; Constitutional Court
Abstract

This study aims to analyze the criminal threats that creditors will obtain and third parties as executors of the execution of the object of fiduciary security after the Constitutional Court Decision Number 18/PUU-XVII/2019. This case has been decided in Gorontalo District Court Decision Number 45.Pdt.G/2019/PN. Gto, which has been confirmed in the High Court Decision Number 16/Pdt/2020/PT.Gto, the creditor’s position, with the help of a third party (debt collector), has carried out a unilateral execution without a court decision. The debtor did not want it, so he filed a lawsuit against the law. The problem in this study is related to applying the Fiduciary Guarantee Law to the object of fiduciary guarantees and criminal threats to creditors and third parties after the Constitutional Court Decision Number 18/PUU-XVII/2019. This research method uses an empirical juridical approach, namely statutory, conceptual, and case approaches supported by primary and secondary data. The results show that the application of Article 15 paragraph (2) and paragraph (3) of Law Number 42 of 1999 concerning Fiduciary Guarantees to the execution of fiduciary guarantees and creditors through third parties (debt collectors) who withdraw the object of fiduciary guarantees is contrary to the Court’s Decision. Constitution Number 18/PUU-XVII/2019, resulting in a legal vacuum in the Fiduciary Guarantee Law against the implementation of unilateral executions carried out by Creditors and Third Parties.

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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Volume Title
Proceedings of the International Conference On Law, Economics, and Health (ICLEH 2022)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
19 April 2023
ISBN
10.2991/978-2-38476-024-4_5
ISSN
2352-5398
DOI
10.2991/978-2-38476-024-4_5How to use a DOI?
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.

Cite this article

risenwbib
TY  - CONF
AU  - Agus Murianto
PY  - 2023
DA  - 2023/04/19
TI  - The Legal Balance of Debtors and Creditors as Objects of Fiduciary Guarantee in Party Execution Post-constitutional Court Decision No. 18/PUU-XVII/2019
BT  - Proceedings of the International Conference On Law, Economics, and Health (ICLEH 2022)
PB  - Atlantis Press
SP  - 32
EP  - 41
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-024-4_5
DO  - 10.2991/978-2-38476-024-4_5
ID  - Murianto2023
ER  -