Proceedings of the 2nd International Conference on Law Reform (INCLAR 2021)

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Harmonization of Legal Decision Number 18/PUU-XVII/2019 by The Constitutional Court Concerning Fiduciary Guarantee

Authors
AlFath Anggara1, Herwastoeti2, Fitria Esfandiari3, *
1,2,3Faculty of Law, University of Muhammadiyah Malang, Malang, Indonesia
*Corresponding author. Email: fit.esfan@gmail.com
Corresponding Author
Fitria Esfandiari
Available Online 22 November 2021.
DOI
10.2991/assehr.k.211102.177How to use a DOI?
Keywords
Harmonization of Laws; Execution of Fiduciary Guarantees; Legal Certainty
Abstract

After the decision of Constitutional Court No. 18/PUU-XVII/2019 states that the conditional unconstitutionality of the explanation regarding the execution of fiduciary guarantees regarding the part of execution is not absolute. but it is necessary to have an agreement between the creditor and the debtor. This research uses normative legal research methods. The legal materials used are primary, secondary, and tertiary legal materials by including literature studies. The results of the study show that after the quo decision, the legal problems encountered are related to the substance of the ruling that has not been implemented into regulations (positive law) with the harmonization of law, so there will be potential for overlapping regulations. The conclusion shows that post-a quo legal issues, which are final and binding, still do not have clear legal instruments regarding legal procedures regarding the confiscation of the execution of fiduciary guarantees. Suggestions, it is necessary to harmonize the law by making laws and regulations through legislative acts and forming technical guidance regarding the procedures for the execution of fiduciary guarantees related to confiscation.

Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

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Volume Title
Proceedings of the 2nd International Conference on Law Reform (INCLAR 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
22 November 2021
ISBN
10.2991/assehr.k.211102.177
ISSN
2352-5398
DOI
10.2991/assehr.k.211102.177How to use a DOI?
Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

Cite this article

risenwbib
TY  - CONF
AU  - AlFath Anggara
AU  - Herwastoeti
AU  - Fitria Esfandiari
PY  - 2021
DA  - 2021/11/22
TI  - Harmonization of Legal Decision Number 18/PUU-XVII/2019 by The Constitutional Court Concerning Fiduciary Guarantee
BT  - Proceedings of the 2nd International Conference on Law Reform (INCLAR 2021)
PB  - Atlantis Press
SP  - 109
EP  - 112
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211102.177
DO  - 10.2991/assehr.k.211102.177
ID  - Anggara2021
ER  -