EKSEKUSI JAMINAN FIDUSIA DALAM PUTUSAN PENGADILAN NEGERI KELAS 1A PADANG (Studi Kasus Putusan No: 147/Pdt.G/2020 PN Pdg)

Abstract

The way people meet their needs is by utilizing credit activities such as fiduciary guarantees. This is regulated in Law Number 42 of 1999 concerning Fiduciary Guarantees, there is a process of execution of the object of the guarantee as a result of not fulfilling the obligations of the debtor and in practice its implementation is contrary to the rules. law and violate the rights of the debtor as a fiduciary giver. This method uses normative juridical which utilizes secondary data and uses qualitative techniques in data collection. The results of the study: The execution of the object of fiduciary security, in Article 15 paragraphs (2) and (3) was changed by the issuance of the Constitutional Court's decision so that the execution process saw the contents of the decision, and in executions must also pay attention to the protection of the debtor's rights so that the execution does not harm the debtor.