The Meaning of “Strength Executive" in the Constitutional Court Decision for the Execution of Fiduciary Securities
Judicial decisions must have legal implications for relevant parties. PMK No. 2/PUU-XIX/2021 remains debatable between creditors and debtors because it seemingly weakens the protection of creditors' rights. Creditors cannot immediately carry out enforcement procedures that cut off the creditor&...
| Main Authors: | , , , |
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| Format: | Article |
| Language: | English |
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Faculty of Law, University of Muhammadiyah Malang
2023
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| Online Access: | https://repo.uum.edu.my/id/eprint/31081/1/LJIH%2031%2001%202023%2001-20.pdf https://doi.org/10.22219/ljih.v31i1.23244 |
| _version_ | 1811674060497616896 |
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| author | Muslim, Shohib Hadiyantina, Shinta Mundzir, Hudriyah Ayub, Zainal Amin |
| author_facet | Muslim, Shohib Hadiyantina, Shinta Mundzir, Hudriyah Ayub, Zainal Amin |
| author_sort | Muslim, Shohib |
| collection | UUM |
| description | Judicial decisions must have legal implications for relevant parties. PMK No. 2/PUU-XIX/2021 remains debatable between creditors and debtors because it seemingly weakens the protection of creditors' rights. Creditors cannot immediately carry out enforcement procedures that cut off the creditor's business flow because the position of the subject of fiduciary obligations is in the debtor's control, making it possible for disputes between debtors and creditors. This normative legal research was conducted using a philosophical, juridical approach covering statutory policies, conceptual and case approaches. PMK No. 2/PUU-XIX/2021 does not regulate creditor legal provisions in enforcing fiduciary securities, making it difficult for creditors to execute them. The Constitutional Court should decide to guarantee justice for all parties and provide a decision with clear content and sentence structure, so multiple interpretations will not occur. The execution of fiduciary securities during the Covid-19 pandemic should not be immediately carried out because the creditor had to follow the predetermined procedures |
| first_indexed | 2024-10-01T01:43:41Z |
| format | Article |
| id | uum-31081 |
| institution | Universiti Utara Malaysia |
| language | English |
| last_indexed | 2024-10-01T01:43:41Z |
| publishDate | 2023 |
| publisher | Faculty of Law, University of Muhammadiyah Malang |
| record_format | eprints |
| spelling | uum-310812024-07-18T08:48:06Z https://repo.uum.edu.my/id/eprint/31081/ The Meaning of “Strength Executive" in the Constitutional Court Decision for the Execution of Fiduciary Securities Muslim, Shohib Hadiyantina, Shinta Mundzir, Hudriyah Ayub, Zainal Amin K Law (General) Judicial decisions must have legal implications for relevant parties. PMK No. 2/PUU-XIX/2021 remains debatable between creditors and debtors because it seemingly weakens the protection of creditors' rights. Creditors cannot immediately carry out enforcement procedures that cut off the creditor's business flow because the position of the subject of fiduciary obligations is in the debtor's control, making it possible for disputes between debtors and creditors. This normative legal research was conducted using a philosophical, juridical approach covering statutory policies, conceptual and case approaches. PMK No. 2/PUU-XIX/2021 does not regulate creditor legal provisions in enforcing fiduciary securities, making it difficult for creditors to execute them. The Constitutional Court should decide to guarantee justice for all parties and provide a decision with clear content and sentence structure, so multiple interpretations will not occur. The execution of fiduciary securities during the Covid-19 pandemic should not be immediately carried out because the creditor had to follow the predetermined procedures Faculty of Law, University of Muhammadiyah Malang 2023 Article PeerReviewed application/pdf en cc4_by_sa https://repo.uum.edu.my/id/eprint/31081/1/LJIH%2031%2001%202023%2001-20.pdf Muslim, Shohib and Hadiyantina, Shinta and Mundzir, Hudriyah and Ayub, Zainal Amin (2023) The Meaning of “Strength Executive" in the Constitutional Court Decision for the Execution of Fiduciary Securities. Legality: Jurnal Ilmiah Hukum, 31 (1). pp. 1-20. ISSN 0854-6509 https://ejournal.umm.ac.id/index.php/legality/article/view/23244 https://doi.org/10.22219/ljih.v31i1.23244 https://doi.org/10.22219/ljih.v31i1.23244 |
| spellingShingle | K Law (General) Muslim, Shohib Hadiyantina, Shinta Mundzir, Hudriyah Ayub, Zainal Amin The Meaning of “Strength Executive" in the Constitutional Court Decision for the Execution of Fiduciary Securities |
| title | The Meaning of “Strength Executive" in the Constitutional Court Decision for the Execution of Fiduciary Securities |
| title_full | The Meaning of “Strength Executive" in the Constitutional Court Decision for the Execution of Fiduciary Securities |
| title_fullStr | The Meaning of “Strength Executive" in the Constitutional Court Decision for the Execution of Fiduciary Securities |
| title_full_unstemmed | The Meaning of “Strength Executive" in the Constitutional Court Decision for the Execution of Fiduciary Securities |
| title_short | The Meaning of “Strength Executive" in the Constitutional Court Decision for the Execution of Fiduciary Securities |
| title_sort | meaning of strength executive in the constitutional court decision for the execution of fiduciary securities |
| topic | K Law (General) |
| url | https://repo.uum.edu.my/id/eprint/31081/1/LJIH%2031%2001%202023%2001-20.pdf https://doi.org/10.22219/ljih.v31i1.23244 |
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