IMPLEMENTASI JAMINAN FIDUSIA DALAM INDUSTRI JASA KEUANGAN DENGAN MENGGUNAKAN FINANCIAL TECHNOLOGY BERDASARKAN PUTUSAN MAHKAMAH KONSTITUSI NO 18/PUU-XVII/201

Abstract

The development of the digital age today has facilitated this financing process with the Financial Technology process where fintech is a combination of technology and the financial system. Financing activities at this financing company are of course regulated by Law Number 42 of 1999 concerning Fiduciary Guarantees. Fiduciary is the transfer of ownership rights to an object from this matter, by using the Sociological Juridical Research Method with interviews and document studies to summarize the research results. financing using fintech upgrades has not been fully maximized and is risky, the factors causing customer debtors to not carry out fiduciary duties are due to factors not understanding the finetch, the contents of the agreement, declining finances, and intentional bad faith. The birth of the 2019 Constitutional Court's decision made the fiduciary rules not necessarily fully implemented because there had to be certain systematics where there were several conflicting points. There needs to be a synergy in disseminating the Constitutional Court rules between related agencies and consumer finance companies engaged in the financial services industry.

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Kata kunci : Financial Technology, Fidusia, Putusan MK