Abdul Latif Mahfuz
Faculty of Law, Universitas Muhammadiyah Palembang

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Implementation of Article 36 of Law Number 42 of 1999 concerning Fiduciary Security Regarding the Imposition of Criminal Sanctions for the Transfer of Fiduciary Collateral Objects Suhardi; Hambali Yusuf; Abdul Latif Mahfuz; Habiburrahman
NEGREI: Academic Journal of Law and Governance Vol. 5 No. 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v5i2.13232

Abstract

Many fiduciary grantors, such as individual debtors, are unaware that transferring fiduciary collateral objects without written permission constitutes a criminal offense. They often perceive the collateral as entirely their own property. Such criminal acts are frequently committed without malicious intent (mens rea), which has sparked debates regarding their treatment under criminal law. This study examines the implementation of Article 36 of Law Number 42 of 1999 concerning Fiduciary Security, particularly in relation to the imposition of criminal sanctions for the transfer of fiduciary collateral objects without the written consent of the fiduciary recipient. The primary focus of this research is to assess the effectiveness of the application of this criminal provision in practice, as well as to identify both legal and non-legal obstacles in the enforcement process. This research uses a normative juridical method with a qualitative approach, employing both primary and secondary legal materials. The findings indicate that Article 36 of the Fiduciary Security Law is no longer relevant, and that the imposition of criminal sanctions for the transfer of fiduciary collateral objects does not yet reflect a sense of justice. Criminal sanctions against fiduciary grantors who transfer fiduciary collateral are regulated under Article 36 of Law No. 42 of 1999; however, third parties (i.e., receivers or buyers of the collateral) are not regulated under this law. As a result, fiduciary recipients often feel disadvantaged. However, with the verdict of the Kebumen District Court Number 50/Pid.B/2019/PN.Kbm dated April 11, 2019, the perpetrator of the offense of receiving fiduciary collateral objects (i.e., fencing) can now be prosecuted under Article 480 of the Indonesian Criminal Code (KUHP).
Legal Analysis of Police Actions in Handling Common Crimes in the Jurisdiction of the Ogan Ilir Regional Police Bagus Suryo Wibowo; Saipuddin Zahri; Mulyadi; Abdul Latif Mahfuz
NEGREI: Academic Journal of Law and Governance Vol. 5 No. 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v5i2.14572

Abstract

Common crime refers to common criminal acts that frequently occur within communities, such as theft, robbery, assault, murder, fraud, and gambling. This phenomenon presents a serious problem in various regions of Indonesia, both in urban and rural areas. The occurrence of conventional crimes across different regions indicates that such crimes are complex and influenced by various factors such as economic, social, cultural, and technological conditions. Crime patterns may vary between regions, but all require adaptive countermeasures involving all elements of society and appropriate policy support from the government. This study discusses the role of the police, particularly the Ogan Ilir Regional Police (Polres Ogan Ilir), in tackling common crimes such as theft, assault, murder, and fraud. Using a qualitative approach, the study examines the implementation of the police’s three main strategies: preemptive, preventive, and repressive. The results show that Polres Ogan Ilir plays a significant role in combating common crime through these three approaches. The preemptive approach is carried out through legal counseling, community policing programs (Polmas), and collaboration with local governments to address root causes of crime. Activities such as patrols and outreach to teenagers are regularly conducted. The preventive approach includes patrolling high-risk areas, installing CCTV, conducting routine inspections, and implementing special measures like 24-hour patrols and securing public markets during events like Ramadan. Public advisories are also promoted to raise awareness. Meanwhile, the repressive approach is enforced through the apprehension of offenders and legal proceedings. These three approaches complement one another in creating public safety, with active community participation being a crucial component.