Dispute Resolution in Consumer Financing Agreements for Bad Debts through the Fiduciary Guarantee Execution Process to Achieve Legal Certainty and Justice

This study aims to analyze and critique how the execution of fiduciary guarantees is carried out after the Constitutional Court (MK) Decision Number 18/PUU-XVII/2019, which changed the execution mechanism, particularly regarding unilateral execution by creditors in the event of a debtor's default. This decision requires the debtor's approval or court intervention if the debtor files an objection. This study also examines the form of legal protection for creditors and debtors in the implementation of fiduciary guarantee execution, and suggests ideal arrangements that provide legal certainty and justice. The main problems in this study include three aspects: (1) the Constitutional Court's interpretation of Article 15 paragraphs (2) and (3) of Law No. 42 of 1999, (2) the legal implications of unilateral execution, and (3) the balance of legal protection for creditors and debtors.