Ekstensifikasi Kekuatan Eksekutorial Sertifikat Jaminan Fidusia terhadap Benda di Luar Objek Jaminan

Abstract

This study aims to explain the extension of the executory power of a fiduciary guarantee certificate to assets other than those serving as the specific object of the fiduciary guarantee. Such a situation arises when the proceeds from the sale of the guaranteed object are insufficient to settle the debtor's outstanding principal debt, interest, and penalties. The study employs a normative legal research method, utilizing both statutory and conceptual approaches. The analysis reveals that the executory power inherent in the executory clause of a Fiduciary Guarantee Certificate is exclusively in rem in nature, applying only to the specific object registered and legally encumbered under the Fiduciary Guarantee Deed. The settlement of any remaining debt is subject to the general guarantee principle set forth in Article 1131 of the Indonesian Civil Code, which does not provide for immediate executory title. Consequently, a lawful and equitable collection procedure must be pursued by filing a standard civil lawsuit for breach of contract with the District Court to obtain a judgment with permanent legal force.