Jurnal Konstitusi (Jun 2024)
Konstitusionalitas Eksekusi Jaminan Fidusia dalam Kerangka Perlindungan Hak Konsumen
Abstract
This article is to find out how to apply Constitutional Court Decision No.18/PUU-XVII/2019 concerning Fiduciary to the protection of Consumer Rights. Collateral comes from the Dutch words zekerheid and cautie which means the debtor's ability to repay the creditor. This is achieved when the debtor receives a loan or debt from a creditor and uses valuables as collateral to secure the loan or obligation. As stated in the Decree of the Directors of Bank Indonesia No. 23/69/KEP/DIR dated 28 February 1991 concerning Credit Guarantee, the word "guarantee" in Indonesian can mean guarantee. This article uses the Normative Juridical method relating to issues relating to the Mortgage and Lien Rights Law and the Final Decision of the Constitutional Court. In collecting information for this research, we looked at various sources, including primary, secondary and tertiary legal materials, related laws and regulations, as well as documents that use a normative juridical approach to examine Constitutional Court and Constitutional Court decisions. Mortgage and Lien Law.
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