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AKTA JAMINAN FIDUSIA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019

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Penilaian

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Before to the Constitutional Court Decision Number 18/PUU-XVII/2019 (MK Decision Number 18/PUU-XVII/2019), the execution of the object of fiduciary assurance was carried out by the creditor to immediately unilaterally on the basis of the executorial title since the Fiduciary Assurance Certificate was equivalent to a decision with constant legal force which in its implementation caused injustice to the debtors and potential physical conflicts between creditors and debtors. After the MK Decision Number 18/PUU-XVII/2019, the implementation is the same as the procedure for executing decisions with constant legal force. This study aims to analyze the execution of the fiduciary assurance object before and after the MK Decision Number 18/PUU-XVII/2019, its legal consequences on the execution procedure, and the future Fiduciary Assurance Deed made by a Notary in practice. The results of this study indicate that the execution of the fiduciary assurance object before the MK Decision Number 18/PUU-XVII/2019 is, if the debtor breaks his promise and does not voluntarily submit the fiduciary assurance object, the creditor through the executive title has the right to immediately withdraw and sell the fiduciary assurance object on his own power. After the MK Decision Number 18/PUU-XVII/2019, the execution of the object of fiduciary assurance is the same as the procedure for the execution of a decision with constant legal force. The legal consequence of the MK Decision Number 18/PUU-XVII/2019 on the execution procedure for the object of fiduciary assurance is that the execution is equated with the procedure for executing a decision that has constant legal force through the assistance of securing execution by the Police who are passive. Furthermore, fiduciary assurance lose the essence of specificity regarding the ease of execution. In the future, the Fiduciary Assurance Deed that is made by a Notary in practice after the MK Decision Number 18/PUU-XVII/2019 is the inclusion of clauses and affirmation of phrases regarding the debtor's breach of contract and the debtor's voluntarily submitting the object of fiduciary asusurance object if breachcing the contract. Furthermore, the inclusion of a clause regarding a warning to the debtor to fulfill his obligations or voluntarily submit the object of the fiduciary assurance to the creditor in the event of default.

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Availability

Inventory Code	Barcode	Call Number	Location	Status
2107001780	T51176	T511762021	Central Library (REFERENCES)	Available but not for loan - Not for Loan

Detail Information

Series Title

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Call Number

T511762021

Publisher

Palembang : Prodi Magister Kenotariatan, Fakultas Hukum Universitas Sriwijaya., 2021

Collation

xiv, 119 hlm. ; 29 cm

Language

Indonesia

ISBN/ISSN

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Classification

346.05

Content Type

Text

Media Type

unmediated

Carrier Type

-

Edition

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Subject(s)

jaminan fidusia
Jurusan Kenotariatan

Specific Detail Info

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Statement of Responsibility

AA

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