PROBLEMATIKA PENDAFTARAN JAMINAN FIDUSIA OLEH MANDIRI UTAMA FINANCE CABANG PAMEKASAN YANG BERIMPLIKASI KEPADA PROSEDUR PENGEKSEKUSIAN BARANG JAMINAN (PASCA PUTUSAN MK NOMOR 18/PUU-XVII/2019)

Constitutional Court Decision No. 18/PUU-XVII/2019 states that execution can be carried out provided that the agreement between the creditor and debtor is in default and the debtor surrenders the collateral voluntarily. Execution can be carried out by court arrangement. The issuance of the Constitutional Court's decision No. 18/PUU-XVII/2019 was based on a request for material review of Article 15 Paragraph (2) and Paragraph (3) of Law No. 42 of 1999 concerning Fiduciary Guarantees which provides new legal changes regarding the regulation and implementation of object execution procedures. fiduciary guarantee before and after the Constitutional Court decision No. 18/PUU-XVII/2019 and a form of legal protection for creditors if the debtor commits a breach of contract (default). In this research are: 1) What are the problems of Mandiri Utama Finance Pamekasan branch in registering objects fiduciary guarantee? 2) What are the legal consequences of executing collateral that is not registered or registered after the Constitutional Court decision Number 18/PUU-XVII/2019? The method used in this research is sociological juridical, linking legal writing empirically with attention to social aspects. The results of this research are MUF Cab Pamekasan in registering fiduciary collateral objects: statutory and regulatory factors, MUF Cab factors. Pamekasan itself is a cost factor in the fiduciary object registration process. As for the legal consequences of executing collateral that is not registered or registered. After the Constitutional Court's decision, MUF Cab. Pamekasan continues to be implemented based on the JF Law which is still in effect as long as in its implementation the debtor voluntarily hands over the object of fiduciary collateral and there is an understanding between the parties regarding the condition of the breach of contract that occurred. Second, MUF Cab. Pamekasan in terms of the execution of fiduciary guarantees must be based on court execution which has permanent legal force.