The Nature of Execution Regarding the Object of Fiduciary Security (Judicial Review of the Gorontalo District Court Judge's Decision)

Abstract

This research aims to: find out, analyze, explain and discover the essence of the execution of fiduciary collateral objects. Juridical analysis of the Gorontalo District Court Judge's decision. The type of research in the results of this research uses empirical normative legal research methods. This research is a combination of a normative legal approach with the addition of various empirical elements. The normative-empirical research method focuses on the implementation of normative legal provisions (laws) in action on each particular legal event that occurs in a society. The research results show that the essence of the execution of fiduciary collateral objects is a guarantee of legal certainty and certainty of rights for creditors. The problems that occur must of course be based on the principles of justice and proportionality giving something in proportion. If you look at the many fiduciary cases that occur in the Gorontalo area, they are resolved more unilaterally by directly executing property rights against the debtor by the party. Creditors without going through a judge's decision at the Gorontalo District Court, namely litigation in court, the results can be accounted for before the law because the court's decision has valid legal force.