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Original Research

INDONESIAN FIDUCIARY GUARANTEE IN THE ERA OF EASE OF DOING BUSINESS: QOU VADIS?

YELIA NATHASSA WINSTAR 1, YULIA MIRWATI 2, YUSLIM 3, and AZMI FENDRI 4.

Vol 19, No 03 ( 2024 )   |  DOI: 10.5281/zenodo.10847985   |   Author Affiliation: Lancang Kuning University, Indonesia 1; Andalas University, Indonesia 2,3,4.   |   Licensing: CC 4.0   |   Pg no: 195-203   |   Published on: 06-03-2024

Abstract

The formation or renewal of laws is always accompanied by legal politics. Legal politics has two dimensions. The first dimension is the basic policy and the second dimension is the enactment policy. In developing countries, enactment policies often predominate. This dominance has both positive and negative sides. The renewal of the UUJF in the era of ease of doing business also has legal politics that can be studied in the two dimensions of legal politics. This normative study discusses the political direction of the Fiduciary Guarantee law in the context of the legal politics of movable property guarantees in Indonesia in the current era of ease of doing business. The results of this study found the importance of changing the UUJF immediately because of the weakness in the substance of the law. The renewal of the UUJF in the study of legal politics found that the political direction of fiduciary guarantee law in the future is directed at the unification of all movable property guarantee regimes into a special arrangement. The dimension of the enactment policy that dominates in the renewal of the fiduciary guarantee rules is the same as at the time of the formation of the UUJF. With the background to support the government's economic policy through regulation, the change in the nomenclature of the Fiduciary Guarantee Bill was changed to the Movable Property Bill. For this reason, the legislators must be able to provide a balance in the legal politics of renewing this fiduciary guarantee rule in the Movable Property Guarantee Act. The problem of legal certainty and legal protection as the basic policy of law reform must be prioritized to be able to create the law that is aspired to


Keywords

Fiduciary Guarantee, EoDB (Easy Doing of Business), Indonesia.