Hermeneutika Hukum Norma Eksekusi Jaminan Fidusia Pasca Putusan Mahkamah Konstitusi Republik Indonesia Nomor 18/PUU-XVII/2019

The decision of the Constitutional Court Number 18/PUU-XVII/2019 is a decision on the judicial review of norms of Article 15 paragraphs (2) and (3) of Law Number 42 of 1999 concerning Fiduciary Guarantees. At first glance, this decision is in the form of a conditional unconstitutional decision so that it has a different effect than before the issuance of the Constitutional Court's decision Number 18/PUU-XVII/2019. The issuance of the decision has caused debate, differences of opinion on the interpretation, and assessment of the decision for legal academics, legal practitioners, finance companies, and the general public. This paper aims to find out and analyze the decision of the Constitutional Court Number 18/PUU-XVII/2019 in terms of the optics of Hans Georg Gadamer's legal hermeneutics and the principle of proportionality. The method used in this legal research is using normative or doctrinal research, data collection and construction techniques are obtained through literature studies and legal seminars, using legislation and conceptual approaches, analyzed using qualitative methods which are analyzed in depth, and provide a prescriptive-critical-rational-speculative explanation of the data presented. The conclusion and suggestion from this legal research is that when viewed from legal hermeneutics, it will be concluded that the decision of the Constitutional Court number 18/PUU-XVII/2019 was due to an error from the beginning in the formation of the Fiduciary Guarantee Law which did not explain the procedure for the execution of fiduciary guarantees. . In addition, due to the emergence of misinterpretations regarding the meaning of execution through the executorial title and execution parate. The Constitutional Court's decision contains new legal rules that have different implications from those before the issuance of this decision. The Constitutional Court's decision caused a number of negative impacts. Based on the review of the proportionality principle assessed through the proportionality test, it can be concluded that the decision does not fulfill the proportionality aspect perfectly. Then it is necessary to include a clause regarding breach of contract and the obligation of the debtor to voluntarily submit the object of a fiduciary guarantee when it is proven that the breach of contract is through the main agreement and the fiduciary guarantee deed