Manuscript Title

POLICE POSITION IN THE EXECUTION OF FIDUCIARY GUARANTEES INDONESIAN LAW

 

Author(s)

Alfaris Pattiwael1, Achmad Busro2, Yunanto3

 

Published: 23-02-2026

 

About The Author(s):

1. Alfaris Pattiwael - Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.

2. Achmad Busro - Lecturer, Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.

3. Yunanto - Lecturer, Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.

 

Abstract

This research examines and reconstructs the position and authority of the Indonesian National Police in safeguarding the execution of fiduciary security within the Indonesian legal system. The study arises from the tension between the need for legal certainty for creditors and the protection of debtors' rights, particularly following Constitutional Court decisions that have limited the practice of parate execution. In practice, police involvement in fiduciary execution often generates perceptions of partiality and potential abuse of power due to the unclear boundary between safeguarding functions and civil execution. This study employs normative legal research using statutory, conceptual, and case approaches, complemented by empirical analysis of law in action. The findings reveal that, normatively, the police have no authority to carry out civil execution and are limited to maintaining public order and security. However, empirical observations indicate inconsistencies in procedures, varying levels of legal understanding among officers, and the influence of economic pressures and legal culture. This research proposes an ideal reconstruction model that positions the police as neutral safeguarding officers grounded in legality, due process of law, and human rights protection, supported by procedural standardization, specialized training, and increased public legal literacy. The study contributes a normative-operational framework aimed at balancing legal certainty, justice, and the protection of citizens' rights in the execution of fiduciary security in Indonesia

 

Keywords

Police, Position, Execution, Fiduciary Guarantees, Indonesian Law

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