Reconstruction of Fiduciary Collateral Execution Regulations Due to False Debtors Based on Justice Value

Abstract

Execution of Fidusiary guarantee objects is an important issue in line with the growing development of granting credit with Fidusiary guarantees in credit agreements. The execution of Fidusiary guarantee objects is regulated in articles 29 to 34 of Law no. 42 concerning Fidusiary Guarantees, wherein the provision stipulates that if a debtor defaults, the execution of the object of Fidusiary guarantees can be carried out in two ways, namely through parate execution and private sales, but in practice, these provisions are difficult to implement properly. Based on these matters, it is necessary to study further when how a creditor can be said to have defaulted or defaulted, how is the process of executing Fidusiary guarantee objects in banking, and what are the obstacles that hinder carrying out the execution process of Fidusiary guarantees. The research method in writing this dissertation uses a juridical normative method with an explanatory research type, namely by examining and analyzing the relationship between the practice of executing Fidusiary guarantee objects in banking based on regulations related to this matter. In this study, secondary data was used, where to To obtain secondary data, the data collection tool used was a document study conducted using written data in the form of primary, secondary and tertiary legal materials, and then the data was analyzed qualitatively. Regulatory reconstruction of Article 15 paragraph (2) and paragraph (3) of the Fidusiary Security Act relating to the execution of Fidusiary guarantees in practice raises the creditor's arbitrariness when collecting, withdrawing Fidusiary collateral objects (movable objects) under the pretext of the debtor in breach of promise.

Keywords: regulation, execution, agreement, default, value of justice.

DOI: 10.7176/JLPG/129-03

Publication date: February 28^th 2023