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All Journal LAW REFORM SUPREMASI: Jurnal Pemikiran, Penelitian Ilmu-Ilmu Sosial, Hukum dan Pengajarannya Jurnal Ilmiah Hukum LEGALITY JURNAL PENDIDIKAN TAMBUSAI Unes Law Review Jurnal Justitia : Jurnal Ilmu Hukum dan Humaniora Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam COURT REVIEW: Jurnal Penelitian Hukum Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Yuris: Journal of Court and Justice Journal of Artificial Intelligence and Digital Business Innovative: Journal Of Social Science Research Lex Journal : Kajian Hukum dan Keadilan Law and Economics Ipso Jure Rechtsvinding Ipso Jure
Borman, M. Syahrul
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Religion Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Physics Public Health Social Sciences Other

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Journal : Rechtsvinding

 1 
Juridical Review of the Crime of Transferring the Object of Fiduciary Guarantee Without the Consent of the Fiduciary Recipient Paulus, George Johanes; Soekorini, Noenik; Borman, M. Syahrul
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1337

Abstract

This study examines the criminal act of transferring fiduciary collateral objects without the prior written consent of the fiduciary recipient as regulated under Indonesian law. The rapid development of consumer financing practices has increased the use of fiduciary guarantees, particularly in credit agreements involving movable assets. However, in practice, debtors often transfer, pledge, or lease fiduciary objects to third parties without authorization, which constitutes a criminal offense under Law Number 42 of 1999 on Fiduciary Security. This research employs a normative juridical method with a statutory approach, analyzing primary legal materials in the form of legislation and court decisions, as well as secondary legal materials from legal literature and scholarly works. The study focuses on the regulation of such criminal acts and the form of criminal liability imposed on fiduciary grantors who violate fiduciary provisions. The findings indicate that the transfer of fiduciary collateral without the consent of the fiduciary recipient fulfills the elements of a criminal offense as stipulated in Article 36 of the Fiduciary Security Law. Criminal liability may be imposed if the perpetrator is proven to have acted unlawfully, intentionally or negligently, and without any justification or excuse that eliminates criminal responsibility. This research concludes that the existing legal framework provides legal certainty and protection for creditors, although stricter supervision and legal awareness are necessary to prevent recurring violations in fiduciary practices.
The Role of the Manado Police Criminal Investigation Unit in Suppressing Crimes Using Sharp Weapons Lakidong, Valentin Vanny; Borman, M. Syahrul; Suyono, Yoyok Ucok
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1341

Abstract

Crimes involving the use of sharp weapons constitute a serious threat to public security and social order in urban areas. The widespread possession and misuse of sharp weapons have contributed to increasing levels of street crime, generating fear and insecurity within society. This study aims to analyze the role of the Criminal Investigation Unit (Satreskrim) of Manado City Police in suppressing crimes involving sharp weapons and to identify factors that hinder the effectiveness of its performance. This research employs an empirical juridical method, focusing on the implementation of normative legal provisions in real social conditions. Data were analyzed qualitatively through statutory review and field-based findings. The results indicate that Satreskrim Polresta Manado plays a strategic role as a law enforcement agency through preventive, repressive, and community-oriented measures, including patrols, investigations, and public engagement. However, the effectiveness of these efforts is constrained by limited personnel, insufficient technological support such as CCTV and information technology systems, and low public participation in providing information. The study concludes that strengthening human resources, technological infrastructure, and community cooperation is essential to enhance the effectiveness of law enforcement in suppressing crimes involving sharp weapons.
The Implementation of Restorative Justice in Tipiring Cases as an Effort to Reduce Suspects in Detention Kurniawan, Dani; Nasoetion, Dedi Wardana; Borman, M. Syahrul
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1438

Abstract

This study examines the application of restorative justice in handling minor criminal offenses as an effort to reduce the number of detainees in detention centers. The current handling of minor offenses in Indonesia is often considered disproportionate, as imprisonment is frequently imposed despite the relatively small impact of such crimes. This situation contributes to overcrowding in correctional institutions and increases the burden on the criminal justice system. Restorative justice offers an alternative approach that emphasizes dialogue, mediation, and reconciliation between the offender and the victim in order to restore the social relationship that has been disrupted by the crime. This research employs a normative juridical method by analyzing relevant laws, regulations, and legal literature concerning the implementation of restorative justice in Indonesia. The findings indicate that restorative justice can provide a more effective, humane, and efficient solution in resolving minor criminal cases. Through this approach, victims can obtain compensation and a sense of justice, while offenders are given the opportunity to take responsibility and reintegrate into society without the negative stigma of imprisonment. Therefore, restorative justice can serve as an important instrument in reducing the number of detainees and improving the effectiveness of the criminal justice system in Indonesia
Co-Authors Aimim-Tham, Sukanya Alfathoni, Ahmad Habib Aliyansyah, Alif Wildan Aminah Aminah Aranggraeni, Renda Arifin, Choirul Bachrul Amiq Boerhan, Soebagio Carlos, Christcarsel Brandlay Theolvano Cornelis, Vieta Imelda DANI KURNIAWAN Dianto, Rakhmad Wiwit Ernu Widodo, Ernu Handayati, Nur Hartoyo Hartoyo Ilman Kaewhanam, Phimlikid Kurniawan, Ertanto Lakidong, Valentin Vanny Lazuardi, Irwan Lewier, Samuel Porsiana Lidiawati, Lidiawati Manampiring, Herdi Yerison Nasoetion, Dedi Wardana Nurzanah, Ita Parengkuan, Estherlina Florence Paulus, George Johanes Phetricia, Shilvia Audy Prasetyo, Rizky Agung PUDJI ASTUTI Ramadhan, Muhammad Zulkifly Rangga, Aldeo Zidane Regoh, Melisa Jeanet Rendy Tuejeh Renol Gansalangi, Jefri Ruslan, Herlina Sasuang, Rio Heronimus Kaluara Sem Marthin Sidarta, Dudik Djaja Simangunsong, Ronald Simbala, Jaya Siti Marwiyah Soekorini, Noenik Soenyoto, Rochim Soerodjo, Irawan Subekti Subekti Sunarto Sunarto Suyono, Yoyok Ucok Suyono, Yoyok Ucuk Su’udi, Su’udi Syahmi, Taffy Faiq Syamsul Arifin Tambahani, Hance Brian Taufik, Moh Triyono, Sulasa Agus Wahyu Prawesthi, Wahyu Walujo, Christianto Rici Watimah, Watimah Wijaya, Krista Winarsih, Fitriyah Yudistira, Yogy Indra Zuhandika, Devi Andre