PELAKSANAAN EKSEKUSI OBJEK JAMINAN FIDUSIA DI PT. FIFGROUP CABANG MALANG 1 PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019

This thesis examines the implementation of fiduciary security execution at PT. FIFGROUP Malang 1 Branch following the Constitutional Court Decision Number 18/PUU-XVII/2019. The decision brought significant amendments to Article 15 paragraphs (1), (2), and (3) of Law No. 42 of 1999 concerning fiduciary security, particularly regarding execution procedures when a debtor defaults. Previously, creditors could execute fiduciary objects directly based on the fiduciary certificate’s executorial power. However, after the Constitutional Court ruling, execution can only proceed if the debtor acknowledges the default or through a court order. This study aims to analyze the post-decision execution practices of fiduciary security objects and to identify the strategies employed by PT. FIFGROUP in addressing challenges arising from the ruling. The research formulates two main questions: how is the execution of fiduciary security objects carried out at PT. FIFGROUP Malang 1 after the Constitutional Court decision, and how does PT. FIFGROUP overcome obstacles in executing fiduciary security? Using an empirical legal research method, data were collected through interviews with the HRD of PT. FIFGROUP Malang 1 and analyzed qualitatively with primary and secondary legal materials. The findings indicate that PT. FIFGROUP has adjusted its execution procedures in compliance with the Constitutional Court ruling, including adopting persuasive approaches and debtor education. Should debtors refuse execution, creditors must seek court approval. These efforts aim to resolve execution challenges and ensure adherence to the Constitutional Court’s mandate.