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Today’s Legal Enlightenment (Tuesday, 09 August 2022) – THE PARTY AUTHORIZED TO ASSIST IN THE EXECUTION OF THE OBJECT OF FIDUCIARY GUARANTY IS THE STATE COURT

The creditor cannot carry out their own forcible execution, for example by asking the police for help, if the default by the grantor of the fiduciary right (the debtor) to the creditor has not been recognized by the debtor and the debtor objected to surrendering the object of the fiduciary agreement voluntarily. 

→ Constitutional Court Decision Number 71/PUU-XIX/2021, 24 February 2022

(Source: MKRI.id website, 25 February 2022)

Regards,

Fredrik J. Pinakunary


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