POLICE RESTORATIVE JUSTICE IN THE EXECUTION OF FIDUCIARY GUARANTEES BASED ON CIVIL LAW

Mohamad Aris, Budi Santoso, Yunanto

Abstract

This article explores the implementation of police restorative justice in the execution offiduciary guarantees under Indonesian civil law. Fiduciary guarantees, regulated by LawNo. 42 of 1999, provide creditors with security interests over movable and immovableobjects. However, the process of execution frequently causes disputes, especially whencreditors unilaterally seize objects without proper legal procedure. Police involvementhas traditionally been limited to maintaining public order, but the principle of restorativejustice has expanded their role as mediators in civil disputes. This research seeks toexamine the extent to which police restorative justice is applicable in fiduciaryenforcement, its legal basis, challenges, and implications for Indonesian legaldevelopment. By applying a normative legal research method, this study highlights howrestorative justice enhances legal certainty, reduces criminalization of civil disputes, andfosters a peaceful resolution between creditors and debtors.

 

Keywords: Police, Restoratuve Justice, Execution, Fiduciary, Guarantees, Civil Law

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