REFORMULASI ATAS LELANG EKSEKUSI JAMINAN FIDUSIA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 71/PUU-XIX/2021

Abstract

After the Constitutional Court Decision Number 18/PUU-XVII/2019, the Constitutional Court Decision Number 2/PUU-XIX/2021, and the Constitutional Court Decision Number 71/PUU-XIX/2021 there is a change in norms in Law Number 42 of 1999 concerning Security Fiduciary which of course has an impact on the implementation of the fiduciary guarantee execution auction. The research aims to analyze the challenges faced by auction services and to reformulate the law after the Constitutional Court Decision. This research is an empirical legal research with a legal sociology approach. The results of the study state that there are 5 (five) challenges in auctions  implementation including the frequency of auction requests are less, the  auction requirements documents were not qualified, the auction has no interest, the bid competition is low competitive and the objects won are not in accordance with the conditions. The results of the reformulation also show the existence of justice, utility, and legal certainty so the reconstruction is needed. The addition of the phrase "agree on a default of contract" on Article 15 paragraph (3) of Law Number 42 of 1999 will restore the law according to its purpose.