Pelaksanaan Putusan Mahkamah Konstitusi Nomor 18/PUU-XVIII/2019 Terhadap Pelaksanaan Eksekusi Jaminan Fidusia Di Pekanbaru (Study Kasus Perkara Perdata Nomor : 130/PDT-G/2020/PN-PBR)

Hendy Wismar Syahputra, Mohd. (2022) Pelaksanaan Putusan Mahkamah Konstitusi Nomor 18/PUU-XVIII/2019 Terhadap Pelaksanaan Eksekusi Jaminan Fidusia Di Pekanbaru (Study Kasus Perkara Perdata Nomor : 130/PDT-G/2020/PN-PBR). Other thesis, Universitas Islam Riau.

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Abstract

Execution by creditors through debt collector services creates new problems between creditors and debtors. This is because debt collectors execute fiduciary collateral by means of violence, intimidation, this creates resistance from the debtor. The withdrawal of the vehicle as collateral for the object is carried out by force without prior notification to the debtor as the fiduciary giver. The decision of the Constitutional Court Number 18/PUU/XVII/2019 brings new changes to the procedure for the execution of the object of guarantee. The problem in this research is how is the implementation of the Constitutional Court Decision Number 18/PUU-XVIII/2019 regarding the Implementation of Fiduciary Guarantees in Pekanbaru (Case Study Number: 130/Pdt-G/2020/PN-Pbr)? and What are the obstacles in carrying out the decision of the Constitutional Court Number 18/PUU-XVIII/2019 regarding the Implementation of Fiduciary Guarantees in Pekanbaru (Case Study Number: 130/Pdt-G/2020/PN-Pbr)?. This type of research is normative legal research, namely legal research conducted by examining library materials or secondary data in the form of legislation and books written by legal experts that are very relevant to the material discussed. While the nature of this research is descriptive analytical. The result of this research is that the implementation of the Constitutional Court Decision Number 18/PUU-XVIII/2019 Regarding the Implementation of Fiduciary Guarantees in Pekanbaru (Case Study Number: 130/Pdt-G/2020/PNPbr) has not run optimally where the actions of PT. Astra Credit Company Finance (Defendant) forcibly withdrawing the Fiduciary object belonging to the Debtor (Plaintiff) is contrary to the Constitutional Court's decision and is an unlawful act. Obstacles in the Implementation of the Constitutional Court Decision Regarding the Implementation of Fiduciary Guarantees, namely: Fiduciary Guarantee Regulations which are still multi-interpreted, long Fiduciary Guarantee Execution Procedures, high costs and the absence of goodwill from the parties.

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