Fiduciary Enforcement Following Constitutional Court Decision No. 2/PUU-XIX/2021 at Astra Sedaya Finance Surabaya Branch

Abstract

Fiduciary security enforcement in Indonesia has undergone significant legal changes following Constitutional Court Decisions No. 18/PUU-XVII/2019 and No. 2/PUU-XIX/2021, particularly concerning contractual default, voluntary surrender of collateral, and judicial enforcement. However, discrepancies between constitutional requirements and financing companies' collection practices continue to raise concerns about legal certainty and debtor protection. This study examines the legal framework governing fiduciary security enforcement following Decision No. 2/PUU-XIX/2021 and investigates its implementation, mechanisms, and practical challenges at PT Astra Sedaya Finance, Surabaya Branch 1. Employing normative-empirical (socio-legal) legal research, the study combines statutory and conceptual analysis with a case study supported by legal documents and an interview with a company legal representative. The findings indicate that the Constitutional Court decisions preserve creditors' executorial rights while requiring judicial enforcement when default is disputed and debtors refuse voluntary surrender. The company's reported procedures involve payment notifications, negotiations, collection activities, and alternative enforcement mechanisms. Nevertheless, challenges persist, including debtor noncompliance, financial difficulties, disputed defaults, and risks associated with external debt collectors. Although these procedures reflect elements of the constitutional framework, comprehensive compliance cannot be independently established from the available evidence. The study emphasizes the importance of clearer enforcement procedures, documented debtor consent, and stronger oversight of collection practices to balance creditors' legal certainty with debtors' constitutional protections.