Modeling the contract and execution fiduciary on constitutional court decision

Hidayah, Nur Putri and Komariah, Komariah and Prakasa, Satria Unggul Wicaksana and Zulhuda, Sonny (2023) Modeling the contract and execution fiduciary on constitutional court decision. Journal of Human Rights, Culture and Legal System, 3 (1). pp. 95-108. ISSN 2807-2979 E-ISSN 2807-2812

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Abstract

Many facts of disputes between creditors and debtors regarding the excesses of fiduciary guarantees and the existence of a decision of the Constitutional Court, which changed the legal provisions regarding the execution of fiduciary securities. This research aims to determine how clauses concerning an agreement over a breach of contract are outlined in a fiduciary agreement and what hinders the execution of fiduciary security. With normative and empirical methods, this research indicates that the clause regarding a breach of contract is outlined in a fiduciary deed by the creditor and debtor concerned. Some hindrances, however, interrupt the execution of the fiduciary security; the client denies any breach of contract, believing that this negligence represents force majeure; and the client refuses to voluntarily hand in the fiduciary object or even attempts to embezzle the fiduciary thing. Following these two hindrances, the creditor offers a persuasive negotiation to encourage the client to admit the breach of contract committed and to release the fiduciary object willingly.

Item Type:	Article (Journal)
Subjects:	K Law > K1001 Commercial Law K Law > K3165 Constitutional Law K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. > KBP1572 Courts and procedure
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Dr Sonny Zulhuda
Date Deposited:	17 Jul 2023 15:43
Last Modified:	17 Jul 2023 15:43
URI:	http://irep.iium.edu.my/id/eprint/105580

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