Ius Constituendum Perspective of Movable Object Guarantee Bill in the Implementation of Warehouse Receipt Guarantee Execution

Abstract ―​

The problem of executing warehouse receipt collateral objects in Indonesia is a complex problem which has an impact on concerns about default by debtors in carrying out their achievements. This makes warehouse receipts minimally attractive to financing institutions, both banking and non-banking. Therefore, further regulations are needed that can minimize risks, losses, and provide legal protection for creditors as holders of collateral rights. Through normative juridical research using a statutory approach and a conceptual approach, it is hoped that it can provide a solution to the problem of executing warehouse receipt guarantees in Indonesia. The research results show that the norms in the Movable Property Guarantee Bill can minimize losses by facilitating the execution process through one integrated service by the ministry which is carried out online. Apart from that, it is necessary to regulate the authority for execution by creditors which is agreed upon through a guarantee agreement as formulated in Article 42 of the Bill on Moving Object Guarantees. This not only simplifies the execution process by creditors, but also provides legal protection to the parties.