PERLINDUNGAN HUKUM TERHADAP KONSUMEN DALAM EKSEKUSI OBJEK JAMINAN FIDUSIA OLEH PERUSAHAAN PEMBIAYAAN PASCA KELUARNYA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019

Abstract

Legal Protection for Consumers in the Execution of Fiduciary Guarantee
Objects by Financing Companies After the issuance of the Constitutional Court
Decision Number 18/PUU-XVII/2019 is interesting to do in the form of a thesis.
First, the considerations and decisions of the Constitutional Court's decision have
fundamentally changed the concept of default and the execution of fiduciary
guarantees which have been practiced for more than 10 years (since the 2009
Fiduciary Security Law was enacted). Second, the Constitutional Court's Decision
No. 18/PUU-XVII/2019 has created a debate about the pros and cons among
academics and practitioners. Third, there are different interpretations by judges
in interpreting the considerations and decisions of the Constitutional Court
Decision. Starting from these legal issues, the writing of this thesis aims: First, to
find out and analyze the legal protection for consumers in the execution of
fiduciary guarantee objects by the Financing Company before the issuance of the
Constitutional Court's Decision No. 18/PUU-XVII/2019. Second, to find out and
analyze the legal protection for consumers in the execution of fiduciary guarantee
objects by the Financing Company after the issuance of the Constitutional Court
Decision No. 18/PUU-XVII/2019.
Using a normative juridical research method with a statutory, conceptual
and case approach, the results of the study show: First, legal protection for
consumers in the execution of fiduciary guarantee objects before the issuance of
the Constitutional Court Decision No. 18/PUU-XVII/2019 has 4 main
characteristics: (a) in a fiduciary agreement, the determination of default occurs
when the debtor is negligent with the passage of time specified in the agreement;
(b) in a fiduciary agreement, if the debtor is in breach of contract, the fiduciary
recipient has the right to execute and sell objects that are the object of the
fiduciary guarantee on his own power (parate execution) without going through a
court decision; (c) in the agreement and execution of fiduciary guarantees based
on the provisions of Article 15 and Article 29 UUJF, the position of the parties is
not balanced where the debtor is in a weak position; and (d) in the execution of
fiduciary guarantees based on the provisions of Article 15 and Article 29 of the

JOM Fakultas Hukum Universitas Riau Volume X No. 1 Januari – Juni 2023 Page 2
UUJF, legal protection for consumers is weak so that there is the potential for
violations of consumers' rights to comfort, security, and safety in consuming
goods and/or services. Second, legal protection for consumers in the execution of
fiduciary guarantee objects after the issuance of the Constitutional Court
Decision No. 18/PUU-XVII/2019 has 5 main characteristics: (a) in a fiduciary
agreement based on the provisions of Article 15 paragraph (3) of the UUJF, the
determination of default cannot be determined unilaterally by the creditor based
on a clause in the fiduciary agreement except on the basis of an agreement
between the creditor and the debtor or on the basis of legal remedies that
determine that a default has occurred; (b) in the execution of a fiduciary
guarantee based on the provisions of Article 15 paragraph (2) of the UUJF, the
creditor must obtain a court decision before carrying out the execution if there is
no agreement on default and the debtor object to voluntarily submitting the object
that becomes the Fiduciary Guarantee; (c) in the agreement and execution of
fiduciary guarantees based on the provisions of Articles 15 and 29 of the UUJF,
the parties are in a balanced position; (d) in the execution of fiduciary guarantees
based on the provisions of Article 15 and Article 29 of the UUJF, consumers get
strong legal protection so as to minimize the potential for violations of consumer
rights to comfort, security, and safety in consuming goods and/or services; and (e)
there are still differences of interpretation by the court in deciding cases of
execution of fiduciary guarantees after the Constitutional Court Decision
No.18/PUU-XVII/2019.
Keywords: Legal Protection, Consumer, Contitutional Court Decision No

18/PUU-XVII/2019.