Implementation of the Execution of the Fiduciary Guarantee Object After the Decision of the Constitutional Court Number 18 PPU XVII 2019

This paper analyzes the application of fiduciary guarantees following the issuing of Constitutional Court Decision Number 18/PUU-XVII/2019. This ruling upholds the debtor's entitlement to legal protection against the wrongful execution of fiduciary obligations that contravene legal stipulations within the framework of Indonesian law. This research employs a normative juridical approach by examining documents and interpreting legal statutes, Constitutional Court rulings, and pertinent field activities. The study's findings indicate that, following the Constitutional Court's ruling on enforcing fiduciary assurances, numerous changes have transpired, particularly on procedural aspects and safeguarding debtors' rights. The current issues are legal ambiguity and the necessity for more comprehensive rules. This report advocates for amending regulations and enhancing law enforcement officers' capabilities to ensure the execution of fiduciary assurances aligns with legal provisions.

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Publication Details

Journal
Journal of Legal and Cultural Analytics
Published
2025-05-31
DOI
https://doi.org/10.55927/jlca.v4i2.14431
Primary Topic
Legal Studies and Policies
Type
article
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article

Implementation of the Execution of the Fiduciary Guarantee Object After the Decision of the Constitutional Court Number 18 PPU XVII 2019

Alip Rahman, Harmono Harmono, Abdul Azis, Alko Priadinata et al.
Journal of Legal and Cultural Analytics
Legal Studies and Policies
article

Implementation of the Execution of the Fiduciary Guarantee Object After the Decision of the Constitutional Court Number 18 PPU XVII 2019

Alip Rahman, Harmono Harmono, Abdul Azis, Alko Priadinata, Dwi Paksi Kirana
article en

Abstract

This paper analyzes the application of fiduciary guarantees following the issuing of Constitutional Court Decision Number 18/PUU-XVII/2019. This ruling upholds the debtor's entitlement to legal protection against the wrongful execution of fiduciary obligations that contravene legal stipulations within the framework of Indonesian law. This research employs a normative juridical approach by examining documents and interpreting legal statutes, Constitutional Court rulings, and pertinent field activities. The study's findings indicate that, following the Constitutional Court's ruling on enforcing fiduciary assurances, numerous changes have transpired, particularly on procedural aspects and safeguarding debtors' rights. The current issues are legal ambiguity and the necessity for more comprehensive rules. This report advocates for amending regulations and enhancing law enforcement officers' capabilities to ensure the execution of fiduciary assurances aligns with legal provisions.

Journal of Legal and Cultural AnalyticsVol. 4(2)
Universitas Swadaya Gunung Jati (ID)
Openalex Percentile: Top 79%
Legal Studies and Policies
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Implementation of the Execution of the Fiduciary Guarantee Object After the Decision of the Constitutional Court Number 18 PPU XVII 2019 — Alip Rahman, Harmono Harmono, et al. · Journal of Legal and Cultural Analytics (2025) | TGRS Research Map | TGRS