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Boy Nurdin
Borobudur University, Jakarta, Indonesia

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Reconstruction of Legal Norms for the Execution of Fiduciary Guarantees by Limiting the Involvement of Debt Collectors by Creditors in the Context of Protecting Debtors' Constitutional Rights Based on Contractual Justice Parisman Sihaloho; Boy Nurdin
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5797

Abstract

This study aims to analyze the weaknesses of the legal construction of the execution of fiduciary guarantees and reconstruct just legal norms in the context of protecting the constitutional rights of debtors. By using normative juridical methods through statutory and conceptual approaches, this study finds that the provisions in Law Number 42 of 1999 concerning Fiduciary Guarantees still contain gaps in norms related to the involvement of debt collectors and open up room for abuse of authority through unilateral execution practices that contradict the principles of due process of law, the principle of good faith, and the guarantee of constitutional rights in the 1945 Constitution. The reconstruction offered emphasizes strict restrictions on the use of third parties, affirmation of execution mechanisms through agreements or court decisions, and the integration of the principles of contractual justice and human rights protection, thus producing a model of legal reform that is fairer, certain, and oriented towards debtor protection.
Reconstruction of Criminal Law Policy on Misuse of Cooperative Member Funds Based on the Principles of Accountability and Legal Protection of Members M. Irwan Susanto; Boy Nurdin
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5830

Abstract

This study seeks to analyze the normative weaknesses of criminal law policy regarding the misuse of cooperative member funds in the Indonesian positive legal system and to reconstruct a criminal law policy model based on the principles of accountability and legal protection of members in the reform of cooperative law. The study employs a normative juridical method under a statutory and conceptual approach through a review of the 1945 Constitution of the Republic of Indonesia, Law Number 25 of 1992 concerning Cooperatives, the Criminal Code, Law Number 1 of 2023 concerning the Criminal Code, and regulations related to money laundering and electronic transactions. The study results indicate that the current criminal law policy still relies on general offenses such as embezzlement, fraud, and forgery, so it cannot accommodate the characteristics of the fiduciary relationship between managers, supervisors, and members of cooperatives. These weaknesses are evident in the vagueness of criminal liability norms, disharmony between general criminal law and cooperative law, weak proof of the element of intent, and the absence of an effective mechanism for recovering member losses. The proposed reconstruction includes a reformulation of the specific offense of misuse of cooperative member funds, a fiduciary duty-based criminal liability model, strengthening of cooperative corporate criminal liability, integrating penal and administrative sanctions, implementing an early warning system for fraud, and a restorative justice model focused on recovering member funds through a victim compensation scheme. This model is expected to contribute to reforming cooperative law to be more responsive, equitable, and able to guarantee effective legal protection for members.