Melayunesia Law: Vol. 4, No. 1, June (2020), 21-34 21 Barriers to Execution of Fiduciary Guarantees by PT Bank Rakyat Indonesia (Persero) Semarang Pandanaran Branch Office Irena Dwi Fetraningtyas a , Kornelius Benuf b , a Master of Law, Universitas Diponegoro, Indonesia, Email: irenaswi33@gmail.com b Faculty of Law, Universitas Diponegoro, Indonesia, Email: korneliusbenuf@gmail.com Article Info Abstract Article History: Received : 12-04-2020 Revised : 20-05-2020 Accepted : 25-05-2020 Published : 26-06-2020 Keywords : Fiduciary Guarantee Guarantee Execution Returns Efforts Non-Performing Loans The rules regarding Fiduciary Guarantees stipulate that "if the debtor fails to promise, the fiduciary recipient has the right to sell the object which is the object of fiduciary security on his own authority". Execution of fiduciary guarantees as an effort to recover (loan) when a bad loan is an attempt made by the bank in repaying loans. However, in practice, there are many obstacles faced by banks in executing fiduciary collateral. This study aims to explain the executive power of fiduciary guarantee certificates, the bank's efforts to repay non-performing loans, and the obstacles faced by BRI Semarang Pandanaran Branch in repaying loans. The research method was carried out using empirical juridical research; the main data used were primary data obtained through field research and secondary data through library studies. The results of this study indicate that the Implementation of the execution in the settlement of problem loans is done by selling underhanded. Constraints at the time of execution, among others, fiduciary collateral objects have been transferred to another party, the condition of the collateral is damaged, the collateral is gone. INTRODUCTION The development of economic Law is always dynamic; this is due to various factors that influence it, the main factor is human needs which are also dynamic 1 . Economic development in Indonesia, which also influences the development of economic Law in Indonesia, is characterized by "increasing people's participation in the control of capital or factors of production in the country" 2 . The existence of lending practices, allows the community to master the factors of production in Indonesia because credit is a bank facility 1 Kornelius Benuf, Siti Mahmudah, dan Ery Agus Priyono, "Perlindungan Hukum Terhadap Keamanan Data Konsumen Financial Technology Di Indonesia", Refleksi Hukum: Jurnal Ilmu Hukum 3, no.2 (2019), 145 <https://doi.org/10.24246/jrh.2019.v3.i2.p145-160>. 2 Misnal Munir Widhyartono, Arqom Kuswanjono, "Pemikiran Kedaulatan Ekonomi Sukarno dan Aspek Hukum dalam Ekonomi Pancasila", Melayunesia Law Journal, 3.no. 1 (2019): 110. Fakultas Hukum Universitas Riau, Jalan Pattimura Nomor 9 Gobah, Kel. Cinta Raja, Kec. Sail, Pekanbaru, Riau, Kode Pos 28127. Telp: (+62761)-22539, Fax : (+62761)-21695 E-mail: melayunesialaw@lecturer.unri.ac.id Website: https://myl.ejournal.unri.ac.id