Chrispinus Zina (2020) Parate Eksekusi Jaminan Fidusia Pasca Putusan Mahkamah Konstitusi Nomor 18/PPU-XVII/2019. Thesis thesis, UNIVERSITAS AIRLANGGA.

	Text (HALAMAN JUDUL) 1. HALAMAN JUDUL.pdf Download (1MB)
	Text (ABSTRAK) 2. ABSTRAK.pdf Download (758kB)
	Text (DAFTAR ISI) 3. DAFTAR ISI.pdf Download (879kB)
	Text (BAB I) 4. BAB I PENDAHULUAN.pdf Download (939kB)
	Text (BAB II) 5. BAB II KONSEP PARATE EKSEKUSI JAMINAN FIDUSIA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18.pdf Restricted to Registered users only until 18 January 2024. Download (1MB) | Request a copy
	Text (BAB III) 6. BAB III UPAYA HUKUM KREDITOR PENERIMA JAMINAN FIDUSIA DALAM PELAKSANAAN EKSEKUSI JAMINAN PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18.pdf Restricted to Registered users only until 18 January 2024. Download (972kB) | Request a copy
	Text (BAB IV) 7. BAB IV PENUTUP.pdf Restricted to Registered users only until 18 January 2024. Download (875kB) | Request a copy
	Text (DAFTAR BACAAN) 8. DAFTAR BACAAN.pdf Download (873kB)
	Text (PERNYATAAN KESEDIAAN PUBLIKASI) 9. PERNYATAAN KESEDIAAAN PUBLIKASI.pdf Restricted to Registered users only Download (1MB) | Request a copy

Abstract

The fiduciary receiver has right to sell the securited object at his own behalf. In an effort to fulfill the creditor's rights due to defaulting debtors, the execution of fiduciary security which is performed by creditors based on Article 15 paragraph (3) Law number 42 years 1999 on Fiduciary Security (Fiduciary Law). even though the creditor has right to implements the execution but the creditor must pay attention to the procedures of execution so that it is not implemented in a way against the law. As this execution, in this case it uses parate execution, causing several problems over and over, in December 2019 through the Constitutional Court decision Number 18/PPU-XVII/2019 a new norm was made, implemented in Article 15 paragraph (2) and (3) on Fiduciary Law. the decision has an impact on the execution process will take more time and more costs. these are explicitly shows that the execution of fiduciary security looks inefficient as a feature of collateral material which is when the debtor defaults then the process of repayment is being simple, short in time, and low cost. Thus the legal issues to be discussed here are the concept of fiduciary guarantees after the Constitutional Court Decision number 18/PPU-XVII/ 2019 and legal efforts of creditors as fiduciary receiver in the implementation of execution of fiduciary security post Constitutional Court Decision Number 18/PPU-XVII/2019. the concept of the parate execution contained in Article 15 paragraph (3) of Fiduciary Law on fiduciary guarantees also changed, in which to determine the defaults are not only by the creditors but also through a joint agreement, the creditor cannot directly execute the lien if the debtor does not surrender their lien. Article 15 paragraph (3) or parate execution can be implemented on a condition, there is an agreement dealed by the creditor and the debtor regarding the debtor's default, otherwise the creditor must take legal action through a judicial ascertainment or arbitration which determine the debtor is defaulting. Alternative executions other than parate execution can also be implemented by establishing fiat court ascertainment, but this will incur longer time and additional costs like cost of execution requests and costs of execution itself due to the several problems caused by debtor's default, considering our courts have been in heavy schedule, the court will be overwhelmed by fiat court ascertainment requests. Another alternative is private deed sale, the best alternative for debts redemption if the debtor defaults.

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