IMPLEMENTATION OF FIDUCIA SECURITY EXECUTION IN INDONESIA: IN PRESPECTIVE OF PRINCIPLE JUSTICE

Abstract

Fiducia financing institutions play a role in fulfilling community needs, especially in
fulfilling the ownership of movable objects such as vehicles. The problem that arises in
fiducia guarantee is the occurrence of default in form of bad credit or delay in paying
installments to creditors. This research purpose to know process execution of fiduciasecurity
in Indonesia, and to see fiducia agreement from the principle of justice. The research method
used secondary data from the decision of the Supreme Court of Indonesia and analyzed using
deduction logic. Creditors cannot executeguarantee of the object of fiducia security
unilaterally, unless agreed betweencreditor and debtor in default and the debtor is willing to
submitobject of guarantee voluntarily. Standard agreements made by unbalanced parties give
rise to misuse of circumstances. The party who has a dominant position is exploiting this
situation, namely creditors. With this decision, it has been able to realize the justice of a
contract that starts with a standard agreement.