JURIDICAL REVIEW OF THE EXECUTION OF FIDUCIARY GUARANTEES IN INDONESIA
The purpose of this study is to analyze: 1) What is the legal basis for fiduciary guarantee? 2) How is the execution of fiduciary guarantee? The research method used is empirical juridical with a statutory approach, concept approach, and case studies. The results showed that: 1) As for what is meant by fiduciary guarantee according to article 1 number 2 of Law number 42 of 1999, namely: "The right of security for movable objects, both tangible and intangible, and immovable objects, especially buildings that cannot be encumbered with the right of dependents, as referred to in Law Number 4 of 1996 concerning Rights of Dependents who remain in the control of the fiduciary, as collateral for the repayment of certain debts, which gives the fiduciary a preferred position over other creditors."2) as per article 29 of Law Number 42 of 1999 concerning Fiduciary Guarantee, it can be done by: a) The execution of the executory title is carried out by the Fiduciary Beneficiary; b) The sale of objects that are the object of the Fiduciary Guarantee on the Fiduciary Beneficiary's own power through public auction and taking repayment of his receivables from the proceeds of the sale; c) An underhand sale made pursuant to the agreement of the grantor and the Fiduciary if in such a way the highest price in favor of the parties can be obtained.
Review, Juridic, Execution, Fiduciary Assurance, Indonesia.