LEGAL CERTAINTY PARATE EXECUTION OF FIDUCIARY GUARANTEES AFTER THE DECISION OF THE CONSTITUTIONAL COURT NUMBER 18/PUU-XVII/2019 (MATERIAL EXAMINATION OF ARTICLE 15 PARAGRAPHS (2) AND (3) LAW NUMBER 42 OF 1999 ABOUT FIDUCIARY GUARANTEE)
Companies. Fiduciary provides legal protection to creditors when the debtor is in defaults. The Constitutional Court issued Decision Number 18/PUU-XVII/2019 related to the application for judicial review of Law Number 42 of 1999 on Fiduciary against the constitution or 1945 Republic of Indonesia Constitution. Constitutional Court's Decision No. 18/PUU-XVII/2019 states that the execution of guarantees cannot be carried out unilaterally by creditors, but must be through a District Court decision, unless there is an agreement on breach of contract between the debtor and the creditor and the debtor voluntarily submits the object of fiduciary. In this paper, it is intended to find out how the regulation of parate rights for the execution of fiduciary in Indonesian laws and regulations, the process of implementing parate rights for the execution of fiduciary by creditors who hold fiduciary rights and certainly, how legal certainty and legal protection for finance companies in executing parate of fiduciary execution after the Constitutional Court Decision Number 18/PUU-XVII/2019.
Fiduciary, Constitutional Court Decision, Debtor’s Default