EXECUTORIAL POWER OF FIDUCIARY CERTIFICATE WITH VEHICLE GUARANTE AS OBJECT AT "EMA DUTA MANDIRI SAVINGS AND LOAN COOPERATIVE"

Abstract

This study discusses the implementation of fiduciary guarantees in loan agreements secured by vehicles and the executorial power of fiduciary certificates at the Ema Duta Mandiri Savings and Loan Cooperative. In practice, every loan must be accompanied by collateral to ensure certainty and protection for both parties in the event of default. Based on Law Number 42 of 1999 concerning Fiduciary Guarantees, every object pledged under a fiduciary arrangement must be registered to obtain a fiduciary certificate. This certificate carries executorial power, allowing direct execution without court proceedings.This research employs a juridical-empirical method, with data collected through literature studies and interviews. The findings indicate that Ema Duta Mandiri Cooperative requires fiduciary guarantees for each loan to protect its interests against the risk of default. Registering fiduciary collateral provides legal certainty and protection for both borrowers and the cooperative, while granting preferential rights to the fiduciary recipient over other creditors. The fiduciary certificate holds the same legal force as a court decision due to its executorial title, “For the Sake of Justice Based on the Almighty God,” thereby enabling direct execution of the collateral if the debtor defaults.