KAJIAN YURIDIS TINDAK PIDANA PENGALIHAN OBJEK JAMINAN FIDUSIA TANPA PERSETUJUAN PENERIMA FIDUSIA

(Studi Kasus Di PT. Armada Finance Kanwil II Surakarta)

Abstract

The purpose of this study is to analyze the debtor's responsibility for the
transfer of fiduciary guarantee objects without the approval of creditors of PT.
Armada Finance Kanwil II Surakarta. To analyze the judge's consideration in
deciding the criminal case of transferring the object of fiduciary bail without the
consent of the fiduciary recipient in the Banjarmasin District Court Decision No.
210 / Pid.Sus / 2021 / PN.Bjm. The method of approach in this
writing is empirical and normative. The specifications of this study use descriptive
analysis. Data sources use primary data and skunder data. Data collection
techniques use interview studies and document studies. To analyze the data,
researchers use qualitative descriptive analysis methods.
Debtors who transfer the object of fiduciary guarantees without the
creditor's consent may be subject to civil and criminal liability. The transfer of the
object of fiduciary guarantee without the consent of the creditor is unlawful.
Unlawful acts are regulated in Article 1365 of the Civil Code where the debtor is
responsible for indemnifying in the form of recovery as the original circumstances
resulting from his actions that harm others. While the criminal responsibility for the
transfer is punishable by imprisonment of a maximum of 2 (two) years and a
maximum fine of Rp.50,000,000,- (fifty million rupiah) this is regulated by Article
36 UUJF which states: "Debtors who transfer, mortgage, or rent objects that are the
object of Fiduciary guarantee as referred to in article 23 paragraph (2) which is done
without prior written consent from the Fiduciary Recipient, Convicted with a
maximum prison term of 2 (two) years and a maximum fine of Rp.50,000,000,-
(fifty million rupiah). The basis of the Judge's consideration in handing down the
verdict of prosecution against the fiduciary granter who transferred the object of
fiduciary bail without the written consent of the fiduciary recipient includes:
Juridical aspects, namely the Public Prosecutor's indictment against the Defendant
in violation of the provisions of Article 36 of the Fiduciary Guarantee Law, witness
statements and testimony of the Accused, as well as evidence submitted during the
trial. These matters are conducted an analysis by the Judge to determine and prove
the defendant's guilt for the act of transferring the object of fiduciary bail without
the consent of the fiduciary recipient. The philosophical aspect, namely the
determination of the verdict of the prosecution is based on the purpose of carrying
out law enforcement in connection with the defendant's actions to transfer the object
of fiduciary bail without the consent of the fiduciary recipient for violation of the
provisions of Article 36 of the Fiduciary Guarantee Law. Sociological aspects,
namely the background of the Defendant's actions, the consequences of the
Defendant's actions and things that alleviate and incriminate the Defendant with
regard to the transfer of the object of fiduciary bail without the consent of the
fiduciary recipient.
Keywords: Liability, Transfer, Fiduciary Guarantee