creditor's responsibility towards debtor in the Fiduciary Law

Fiduciary collateral is a form of material security used in credit agreements, where the debtor retains control of the collateral object during the loan term. In its implementation, the legal relationship between the creditor and the debtor must be based on the principles of prudence, good faith, and a balance of rights and obligations. The main focus of this research is to analyze the form of creditor accountability towards the debtor, particularly in the case of misuse of the right to execute on the object of fiduciary collateral. Since the issuance of Constitutional Court Decision No. 18/PUU-XVII/2019, the execution by the creditor must take into account the debtor's acknowledgement of default and the execution must not be carried out unilaterally. Creditors who execute without valid legal procedures can be held legally accountable, both civil and criminal. The research method used is normative juridical with a statutory approach and case studies. The results of the study indicate that legal protection for debtors has become stronger after the Constitutional Court decision, and creditors are required to act professionally, proportionally, and comply with the principle of legality. Therefore, creditor accountability must include aspects of compliance with positive law, business ethics, and respect for the debtor's rights in fiduciary financing relationships.