Analisis Komparatif Mengenai Eksekusi Jaminan Fidusia Dalam Hukum Perdata Dan Rahn Tasjily Dalam Hukum Ekonomi Syariah

The phenomenon of taking collateral goods unilaterally by debt collectors is rife in the community. This is very much against the law in Indonesia and sharia law. This study aims to determine the difference between the execution of fiduciary collateral and rahn tasjily and to determine the legal protection for the debtor if the collateral is taken unilaterally. This research uses normative legal research with a statutory approach and a comparative approach. Research sources come from primary, secondary and tertiary sources. Then analyzed using qualitative analytical methods. The results of this study are that in the execution of fiduciary guarantees, the execution is carried out with an executorial title, execution parate and underhand sales upon the agreement of the fiduciary giver and recipient. Meanwhile, in rahn tasjily, the execution of collateral is done by, if rahin cannot pay off the debt, then the murtahin can sell the marhun with rahin's approval. If the rahin does not approve of the sale of the murtahin, the court can force the rahin to pay the debt or sell the marhun through a shari'ah auction. In an effort to protect debtors from taking over collateral goods unilaterally, the government provides protection with the issuance of Regulation of the Minister of Finance No. 130/PMK.010/2012, the decision of the Constitutional Court No. 18/PUU-XVII/2019, and Regulation of the Chief of the Indonesian National Police No. 8 of 2011