Unilateral Execution Of Fiduciary Security: Comparing United States Self-Help Repossession And Dutch Parate Executie

Abstract

Unilateral seizures of fiduciary objects by debt collectors persist even though Constitutional Court Decisions Number 18/PUU-XVII/2019 and 2/PUU-XIX/2021 reinterpreted Article 15 of the Fiduciary Security Law. This normative legal research, using statutory, conceptual, case and comparative approaches, finds that Indonesia's core weakness is the absence of rules on the manner of execution. The United States disciplines the manner of taking through the breach of the peace doctrine and creditor liability, while the Netherlands disciplines the manner of sale through judicially guarded public auction. Indonesia should adopt a public-order standard, full creditor liability and a strengthened sale stage.