Protection againts Creditors Rights Holders Fiduciary Guarantee Post Constitutional Court's No.18/PUU/XVII/2019

Abstract

After the Constitutional Court Decision No. 18/PUU/XVII/2019 was issued, creditors can no longer forcibly withdraw the fiduciary guarantee without the result of the district court’s decision agreed by the creditors and debtors that a breach of promise occurred. The facts in the field are that debtors often make defaults. As a result, creditors must be more careful in executing fiduciary security. This study aims to determine what steps creditors must take to remain by legal corridors. Judges’ decisions must create justice, not only for the debtor but also for creditors’ interests. Creditor services are one of the factors. A large increase in the country’s economy, if creditors’ interests do not accommodate it, the judge’s decision is far from a sense of justice). This study also illustrates the creditor’s executorial power to the fiduciary guarantee deed. Based on normative legal studies, the researcher concludes that regulations to determine precise steps and simple mechanisms need to be established by creditors and the government as a guideline for the execution of guarantees. The executive power has the nature of justice for all parties.