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Moch Najib Imanullah, Liana Endah Susanti, Pujiyono Suwadi


This paper aims to examine the legal politics on Law of Fiduciary Guarantees , because the Fiduciary Guarantee Law is still unable to provide and guarantee the fair law, it can be seen that there are still many cases that occur related to fiduciary guarantees by related parties, with the aim that the direction of fiduciary guarantee arrangements can provide wider benefits for running real sector businesses in providing business capital, legal certainty, and propotional justice, so that they will be able to make a real and significant contribution to national economic development. Therefore, it will produced a fiduciary law that is normatively futuristic, empirically provide easy access to business capital and dignified justice on the basis of the values of Pancasila as the philosophy of Indonesia. To achieve this goal, a study was conducted on the basis of normative legal research, with an exploratory and prescriptive nature of research, using a statute approach, and multi-disciplinary. The data used was in the form of secondary data base that were primary legal materials and secondary legal materials. They were obtained through literature study. Data validity was carried out by means of triangulation and source criticism. The data were analyzed by conducting legal interpretation, in the form of systematic and grammatical interpretation. The results of research and studies shown that the Fiduciary Law in its normative body contains inconsistent arrangements, which results in legal uncertainty both in normative juridical and empirical aspects. The existence of conflicting norms, vague norms, the unclear fiduciary objects that have not been stated explicitly and specifically, have resulted in fiduciary practice experiencing many problems and obstacles that are detrimental to the parties and the wider community. The recommendations from this research are in the form of immediately updating the substance of the Fiduciary Law, especially in the political aspects of the law, regulating the existence of legal structures and their functions, as well as arrangements in building a community legal culture or culture that can mitigate the Fiduciary existence properly, so that it can provide optimal benefits according to the purpose of the law, namely for happiness and prosperity.

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Moch Najib Imanullah, Liana Endah Susanti, Pujiyono Suwadi. (2023). THE URGENCE OF RENEWAL LEGAL POLITIC ON FIDUCIARY GUARANTEE IN INDONESIA. BiLD Law Journal, 8(1), 139–147. Retrieved from