An analysis of Indonesia’s constitutional court decision number 18/PUU-XVII/2019 on the execution of fiduciary objects
Kadriah, Ishak, Rismawati, Ainal hadi
A fiduciary is a transfer of ownership of an object by a trust with the rule that the thing that its right is transferred is kept under the owner of the thing. The position of the holder of the fiduciary owner is protected by the Law of Fiduciary in which the creditor has a right to execute towards the fiduciary object in case the debtor violates the agreement. It is not fully applied by the decision of the Constitutional Court Number 18/Puu-Xvii/2019 on Fiduciary that nullifies Article 15 (2) and (3) of the Fiduciary Law. The Constitutional Court Decision states that the execution can be done as long as the agreement is regulating on this, and there is no challenge from the debtor. This rule is not following the principle of droit de suite of the fiduciary trustee. This is doctrinal legal research that is done by reviewing the kinds of literature that are laws relating to the fiduciary, books, journals, and other relevant works of literature.
Kadriah, Ishak, Rismawati, Ainal hadi. An analysis of Indonesia’s constitutional court decision number 18/PUU-XVII/2019 on the execution of fiduciary objects. International Journal of Law, Volume 8, Issue 3, 2022, Pages 129-131