Modeling the contract and execution fiduciary on constitutional court decision

• Main Authors: Hidayah, Nur Putri, Komariah, Komariah, Prakasa, Satria Unggul Wicaksana, Zulhuda, Sonny
• Format: Article
• Language: English; English
• Published: Lembaga Contrarius Indonesia 2023
• Subjects: K1001 Commercial Law; K3165 Constitutional Law; KBP1572 Courts and procedure
• Online Access: http://irep.iium.edu.my/105580/7/105580_Modeling%20the%20Contract%20and%20Execution.pdf; http://irep.iium.edu.my/105580/8/105580_Modeling%20the%20Contract%20and%20Execution_Scopus.pdf; http://irep.iium.edu.my/105580/; https://www.jhcls.org/index.php/JHCLS/article/view/76; https://doi.org/10.53955/jhcls.v3i1.76

Many facts of disputes between creditors and debtors regarding the excesses of fiduciary guarantees and the existence of a decision of the Constitutional Court, which changed the legal provisions regarding the execution of fiduciary securities. This research aims to determine how clauses concerning an agreement over a breach of contract are outlined in a fiduciary agreement and what hinders the execution of fiduciary security. With normative and empirical methods, this research indicates that the clause regarding a breach of contract is outlined in a fiduciary deed by the creditor and debtor concerned. Some hindrances, however, interrupt the execution of the fiduciary security; the client denies any breach of contract, believing that this negligence represents force majeure; and the client refuses to voluntarily hand in the fiduciary object or even attempts to embezzle the fiduciary thing. Following these two hindrances, the creditor offers a persuasive negotiation to encourage the client to admit the breach of contract committed and to release the fiduciary object willingly.