ANALISIS YURIDIS EKSEKUSI JAMINAN FIDUSIA SETELAH ADANYA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019

Putra, Paternus Dwiana (2020) ANALISIS YURIDIS EKSEKUSI JAMINAN FIDUSIA SETELAH ADANYA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019. S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

The decision of Constitutional Court Number 18/PUU-XVII/2019 has changed some regulations of fiduciary transfer of ownership in Indonesia. The purpose of this research is to know about the fiduciary transfer of ownership’s auction execution after the Decision of Constitutional Court Number 18/PUUXVII/2019, (2) selling under the counter still applicable in the fiduciary transfer of ownership’s execution, (3) seeing the justice and legal security in the fiduciary transfer of ownership’s auction execution for the parties. This research was conducted by using the normative Legal research., so this research was focus on the law which provides the fiduciary transfer. The conclusion is taken deductively. Conclusion of the research that has been done by the author is (1) the fiduciary transfer of ownership’s auction execution still doable though the decision of the constitutional court is there, (2) the fiduciary transfer of ownership’s execution through the selling under the counter , (3) legal security for the parties in doing can be seen from Law of Fiducia, auction's implementing regulations, and the decision of the constitutional court. Justice in the fiduciary transfer of ownership’s auction execution can be seen from the procedure of execution itself. In doing the fiduciary contract, the parties should be able to complement the contract certificate with the clause of breach of contract. In doing the execution, the parties better to determine the execution’s type that is the most profitable for them.

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