EKSISTENSI PENERAPAN PASAL 15 AYAT(2) UNDANG-UNDANG NOMOR 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 02/PUU-XIX/2021

THE EXISTENCE OF IMPLEMENTATION OF ARTICLE 15 (2) OF LAW NUMBER 42 OF 1999 ABOUT FIDUCIARY GUARANTEES AFTER THE DECISION OF THE CONSTITUTIONAL COURT NUMBER 02/PUU-XIX/2021

Abstract

Fiduciary is a form of guarantee for movable objects regulated in Law Number 42 of 1999 concerning Fiduciary Guarantees. The execution of fiduciary guarantees before the Constitutional Court Decision Number 18/PUU-XVII/2019 and the Constitutional Court Decision Number 2/PUU-XIX/2021 can be carried out by creditors by referring to the provisions of Article 15 paragraph (2) of Law Number 42 of 1999 concerning Fiduciary Guarantees. This paper aims to determine the existence of the implementation of the execution of fiduciary guaranteed certificates based on one's own power as stipulated in Article 15 of the Fiduciary Guarantee Law after the Constitutional Court Decision Number 2/PUU-XIX/2021. This study uses a normative legal method with a statutory, comparative and conceptual approach. Based on this study, the results obtained show that the Constitutional Court Decision Number 2/PUU-XIX/2021 has a significant impact on fiduciary guarantees, the implementation of which requires the debtor's willingness when the debtor defaults, the creditor must first submit an application to the District Court which takes a long time, costs a lot of money, and a long process so that the object of the fiduciary guarantee can be executed.