IMPLIKASI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019 JO PUTUSAN MAHKAMAH KONSTITUSI NOMOR 2/PUU-XIX/2021 TERHADAP CLAUSULE WANPRESTASI DALAM PERJANJIAN PEMBIAYAAN PEMBELIAN KENDARAAN BERMOTOR DENGAN JAMINAN FIDUSIA (STUDI DI PT FEDERAL INTERNATIONAL FINANCE GROUP KOTA BATU)

After the Constitutional Court's Decision No.18/PUU-XVII/201 regarding fiduciary guarantees, new provisions related to execution procedures for default debtors have been issued. In this case, the creditor cannot carry out the direct execution of the object of the fiduciary guarantee, but must involve the court by submitting a request for the execution of the object of the fiduciary guarantee if there is no agreement and determination of matters that result in default or breach of contract. The author tested the implementation of the Constitutional Court Decision No. 18/PUU-XVII/2019 at PT Federal International Finance (PT FIF GROUP) Batu City. This research is an empirical juridical / sociological juridical research with legal sources obtained through interviews and documentation methods carried out and obtained directly from PT FIF Group Batu City which practically can be used as a creditor reference to carry out executions on fiduciary guarantee objects. The legal certainty of the fiduciary guarantee certificate has the highest legal force in the execution procedure, at the research location tested applying parate executie if the debtor is declared in breach of contract based on the agreement agreed upon by each party. The results of this study indicate that the execution of the fiduciary guarantee object is in accordance with The Constitutional Court Decision No.18/PUU-XVII/2019 did not produce significant changes after the a quo Constitutional Court Decision at the research location. At the research location, anticipation has been made if there are debtors who default by making the agreement contained in the Fiduciary Guarantee Deed