PERJANJIAN JUAL BELI DENGAN SISTEM ANGSURAN DAN EKSEKUSI JAMINAN FIDUSIA SETELAH PUTUSAN MAHKAMAH KONSTITUSI

This paper examines the legal construction of a sale and purchases agreement with an installment system that results in a follow-up to a fiduciary guarantee agreement and its implementation mechanism after the decision of the Constitutional Court of the Republic of Indonesia Number 18/PUU-XVII/2019 was issued. This study employs a normative legal research method with a legal approach and comparative study. The results show that the legal construction of a sale and purchase agreement with an installment system is a conceptual framework that applies to two legal events, namely buying and selling and accounts payable, which is commonly known as an installment sale and purchase agreement. Furthermore, a fiduciary agreement is an additional agreement where the fiduciary giver guarantees the goods. As for debt repayment in the event of default in the future, as well as the implementation of fiduciary guarantees, creditors cannot immediately do so after the enactment of the Constitutional Court Decision as referred to in Article 15 paragraphs (2) and (3) of Law Number 42 of 1999 concerning Fiduciary Guarantees which is considered contradicting to the 1945 Constitution and has no binding legal force, as long as the violation of the contract agreement is regulated in advance in the agreement and if the debtor is not willing to submit collateral voluntarily. Thus, the legal process carried out and applied is the same as carrying out a court decision with permanent legal force. In other words, the execution of fiduciary guarantees must first be submitted to the district court. Further regulations related to technical tenders also need to be regulated so that there is no legal vacuum.