KEWENANGAN PENGADILAN NEGERI TERHADAP EKSEKUSI JAMINAN FIDUSIA DI PENGADILAN NEGERI KELAS 1A PADANG

Abstract

ABSTRACK Execution carried out by the Court is an alternative if the finance company cannot carry out the execution itself because it does not have coercive authority, coercive authority only belongs to the court as meant in the Constitutional Court decision No.2/PUU-XIX/2021. The fact that debt collectors forcibly pulled cars, motorcycles in the middle of the road even threatened the debtor, this was already a crime. Where third parties or debt collectors are not permitted to forcibly withdraw objects that are the object of the agreement. The formulation of the problems discussed are 1) What is the role of the Padang Class 1.A District Court in the Execution of Fiduciary Guarantees? 2) What is the process for executing Fiduciary Guarantees at the Padang District Court? The type of research used in this research is socio-legal research. The data used includes primary data and secondary data. The data was obtained through interviews and field studies. From the results of the study it was concluded that 1) Execution of fiduciary guarantees does not require a decision in the case because fiduciaries can immediately be petitioned for execution in court because fiduciaries have "requests for justice based on one almighty God" the power is the same as the power of a decision. 2). The process of implementing the execution of fiduciary guarantees in the District Court is carried out by a court bailiff appointed by the chairman of the court after the issuance of an Execution order.