LEGAL STATUS OF FIDUCIARY GUARANTEE AUCTION

Regulations in the field of auctions as a system of logical, rational, normative thinking have not been able to solve a practical problem of a legal nature, in principle, auction buyers. In this regard, what needs attention is regarding shares as objects of Fiduciary Guarantees. This problem requires clear regulation, because Law Number 42 of 1999 does not clearly regulate this. Based on the description that has been put forward, the following conclusions can be drawn: First, the Constitutional Court Decision number 18/PUU-XVII/2019 dated January 6 2020 regarding the interpretation of Article 15 paragraph (1-3) of Law No. 42 of 1999 concerning Fiduciary Guarantees regarding default in the execution of fiduciary guarantees. The Constitutional Court gave a different interpretation from the previous article. Now, the fiduciary guarantee certificate, which contains the orders “For the sake of Justice Based on Belief in the One and Only Godâ€, no longer automatically has executive power. Second, MK number 18/PUUXVII/2019 dated 6 January 2020 has provided legal certainty for creditors and debtors considering Article 15 paragraph (1-3) of Law no. 42 of 1999 concerning Fiduciary Guarantees related to breach of contract (default), this article is interpreted if the debtor (consumer) defaults/breaks a promise, the fiduciary recipient (leasing company) has the right to sell the collateral object with his own power (auction) as in the case of an inkracht court decisio