Sinaga, Eyga Sintarima (2025) Penerapan Eksekusi Objek Jaminan Fidusia Berdasarkan Putusan Mk No. 2/puu-xix/2021 Di Wilayah Hukum Pengadilan Negeri Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

The implementation of fiduciary guarantee object execution has undergone significant changes following the issuance of Constitutional Court Decision Number 2/PUU-XIX-2021, which stipulates that execution can only be carried out if the debtor voluntarily acknowledges default and surrenders the guarantee object. If there is no agreement between the creditor and debtor, execution must proceed through the District Court. This change poses challenges in execution practices, especially for creditors who previously could execute directly. This study focuses on two main issues: how the execution of fiduciary guarantee objects is implemented based on the 2021 Constitutional Court ruling in the jurisdiction of the Pekanbaru District Court, and what problems arise in executing fiduciary guarantee objects in this jurisdiction. This legal research uses an empirical sociological method, examining real conditions in society through interviews and documentation with relevant parties, such as the head of the Pekanbaru District Court, financing institutions, and debtors. The findings reveal that the implementation of fiduciary guarantee object execution in the Pekanbaru District Court's jurisdiction faces obstacles, particularly after Constitutional Court Decision Number 2/PUU-XIX/2021, which mandates court-based execution. However, some creditors still unilaterally execute with third-party assistance or debt collectors. Problems include debtors' reluctance to voluntarily surrender guarantee objects, intimidation by debt collectors, lack of coordination among parties, transfer or alteration of guarantee object identities by debtors, and perceptions that court-based execution is inefficient and costly. Therefore, supervision, socialization, and more effective execution mechanisms are necessary.

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