Legal Reconstruction on Fiduciary Guarantee Execution That Has Executorial Power Based on Justice

Abstract

Based on the provisions of Article 29 paragraph 1 (a) of Law Number 42 year 1999 concerning Fiduciary Guarantees based on the Almighty God, this gives an executive title that aligns the power of the deed with the Court’s decision. So the debtor is lack of legal protection when s/he conducts a default. Through the constructive paradigm, this research was directed to produce various constructive understandings, with themes of trustworthiness and authenticity. The approach method used was socio-legal research as an effort to understand the law in context, namely the context of the community so that great expectations can support the reconstruction of social reality. It was done by prioritizing the interaction between researchers and what was studied through sources and informants, and paying attention to the context. The results of the study found that the Reconstruction of fiduciary collateral certificate law that has executive power based on the law of consumer protection was carried out on Article 15 paragraph (3) of the Law of the Republic of Indonesia Number 42 year 1999 concerning Fiduciary Guarantees in which there is a balanced position between creditors and debtors. The matter of the execution of fiduciary guarantees is carried out in consultation, so as justice can be felt by both parties.