MEKANISME EKSEKUSI JAMINAN FIDUSIA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 99/PUU-XVIII/2020

The implementation of the execution of fiduciary guarantees based on the norms of Article 15 paragraph (2) and (3) of Law Number 42 of 1999 concerning Fiduciary Security in fact creates a polemic and does not provide legal balance between the parties. Therefore, the Constitutional Court issued Decision Number 99 / PUU-XVIII / 2020. The purpose of this research is to find out what is the mechanism for the execution of fiduciary guarantees after the Constitutional Court Decision Number 99 / PUU-XVIII / 2020 ?. This research is a normative juridical study, with a statutory and conceptual approach. Based on this research, it can be concluded that in the Constitutional Court's decision, the execution of the fiduciary guarantee was carried out with 2 possibilities. The first is still implemented based on Law Number 42 of 1999 concerning Fiduciary Security as long as in its implementation the debtor voluntarily submits objects of fiduciary security and there is an understanding of the parties regarding the condition of the default that occurs. Second, the execution of the fiduciary guarantee is carried out according to the provisions of Article 196 HIR if the execution of the fiduciary guarantee does not fulfill the 2 elements previously described. Keywords: Constitutional Court Decision, Fiduciary, Default, Debtors, Creditor