Legal Protection for Bank Customers in Fiduciary Guarantee Agreements during the Covid-19 Pandemic Ahmad Julyadi Nasution, Tan Kamello, Hasim Purba, Saidin
Universitas Sumatera Utara
Abstract
The economic aspect is a measure of public welfare. There are two parties in banking economic activities, namely customers and banks. In credit agreements, customers are required to submit a guarantee. As debtors, customers normally provide material guarantees in the form of fiduciary guarantees thus, in turn creating a fiduciary guarantee agreement. However, banks often do not register fiduciary collaterals. This research analyzes the legal consequences of not registering fiduciary collaterals during the Covid-19 pandemic. This research uses normative juridical methods. The results show that if banks do not register fiduciary collaterals, customers can use the Constitutional Court Decision Number 18/PUU-XVII/2019 in which the execution of the collateral is carried out according to court procedures and the agreement becomes individual-based. In conclusion, the banks must register fiduciary collaterals, otherwise, execution cannot be done without a court decision and customers will face legal problems due to civil liability.
