Good Faith Principle and Legal Protection over Parties Related to Fiduciary Certificate in the Constitutional Court Decision in Indonesia after the Constitutional Court Decision Number 18/PUU-XVII/2019

Agus Setiawan, Haris Wiguna, Pan Sewu

2021

Abstract

The Fiduciary Institution is regulated in Law Number 42 of 1999 on Fiduciary (‘FL’). One of the ways to give legal certainty and protection in FL is the registration of the fiduciary so as to give the preferred rights to the fiduciary recipient over the other creditors; besides publishing the fiduciary certificate. Nevertheless, the Constitutional Court Decision No. 18/PUU-XVII/2019, brought some consequences to the creditors when they want to execute and sell the object that becomes the fiduciary object. The method used in this research is normative juridical. Besides, it is library research applying a descriptive analytical method with secondary data. The research result shows that after the publication of the Constitutional Court Decision, there are some changes in the mechanism of the execution of the fiduciary object. The execution of the court verdict based on the assessment of a default must be in line with the agreement between both parties, namely the creditor and debtor. The Constitutional Court in its decisions implies the importance of the good faith principle of the creditors and the need of legal protection for the debtors, especially related to the execution of the fiduciary object.

Paper Citation

in Harvard Style

Setiawan A., Wiguna H. and Sewu P. (2021). Good Faith Principle and Legal Protection over Parties Related to Fiduciary Certificate in the Constitutional Court Decision in Indonesia after the Constitutional Court Decision Number 18/PUU-XVII/2019. In Proceedings of the 1st International Conference on Emerging Issues in Humanity Studies and Social Sciences - Volume 1: ICE-HUMS, ISBN 978-989-758-604-0, pages 342-348. DOI: 10.5220/0010751800003112

in Bibtex Style

@conference{ice-hums21,
author={Agus Setiawan and Haris Wiguna and Pan Sewu},
title={Good Faith Principle and Legal Protection over Parties Related to Fiduciary Certificate in the Constitutional Court Decision in Indonesia after the Constitutional Court Decision Number 18/PUU-XVII/2019},
booktitle={Proceedings of the 1st International Conference on Emerging Issues in Humanity Studies and Social Sciences - Volume 1: ICE-HUMS,},
year={2021},
pages={342-348},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0010751800003112},
isbn={978-989-758-604-0},
}

in EndNote Style

TY - CONF

JO - Proceedings of the 1st International Conference on Emerging Issues in Humanity Studies and Social Sciences - Volume 1: ICE-HUMS,
TI - Good Faith Principle and Legal Protection over Parties Related to Fiduciary Certificate in the Constitutional Court Decision in Indonesia after the Constitutional Court Decision Number 18/PUU-XVII/2019
SN - 978-989-758-604-0
AU - Setiawan A.
AU - Wiguna H.
AU - Sewu P.
PY - 2021
SP - 342
EP - 348
DO - 10.5220/0010751800003112