Perlindungan Hukum Debitur Dalam Eksekusi Fidusia Pasca Putusan MK 18/PUU-XVII/2019

Abstract

This research aims to analyze the manifestation of legal protection for debtors during the execution of fiduciary security assets following Constitutional Court Decision Number 18/PUU-XVII/2019. A normative-juridical research method employing a statutory approach was used to examine the gap between legal provisions and actual practice. The findings indicate that, from a normative standpoint, the Constitutional Court decision successfully strengthened the protection of debtors' constitutional rights by mandating a judicial mechanism in cases where there is no agreement regarding the occurrence of a default. However, empirically, the decision's implementation remains ineffective due to the prevalence of unilateral, forced asset seizures by debt collectorsactions often characterized by intimidation. This ineffectiveness stems from the absence of technical guidelines for law enforcement officials, low levels of legal literacy among debtors, and the dominance of standard-form contracts used by financing institutions that disregard the principle of balance. Uniform regulations governing execution procedures and the standardization of contract clauses are essential to ensure legal certainty.