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All Journal Jurnal Daulat Hukum DE'RECHTSSTAAT Journal of Humanities and Social Studies Journal of Law Science MIZAN, Jurnal Ilmu Hukum Jurnal Syntax Transformation SUPREMASI Jurnal Hukum GOVERNANCE: Jurnal Ilmiah Kajian Politik Lokal dan Pembangunan Journal of Legal and Cultural Analytics (JLCA) Journal of Law, Poliitic and Humanities Mamangan Social Science Journal INSPIRING LAW JOURNAL Greenation International Journal of Law and Social Sciences
Sidauruk, Jinner
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Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : INSPIRING LAW JOURNAL

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Law enforcement against criminal acts Transfer of fiduciary guarantee objects Without permission of the fiduciary recipient Simare Mare, Chandra P; Sidauruk, Jinner
Inspiring Law Journal Vol 3, No 1 (2025): Januari-Juni
Publisher : Inspiring Law Journal

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Abstract

The purpose of this writing is to find out how the law is enforced against the criminal act of Transferring Fiduciary Security Objects Without the Permission of the Fiduciary Recipient based on Law Number 42 of 1999 concerning Fiduciary Guarantees. By using qualitative research methods, it is concluded that this paper aims to determine the rights of fiduciary recipients regarding fiduciary collateral objects and law enforcement against perpetrators of criminal acts of transferring fiduciary collateral objects without the fiduciary recipient's permission based on Law Number 42 of 1999 concerning Fiduciary Guarantees. Fiduciary is the transfer of ownership rights to an object based on trust. However, in practice, problems are often encountered when transferring collateral without the approval of the fiduciary or creditor, causing the creditor to suffer losses. Transferring the object of a fiduciary guarantee is a criminal act regulated in the applicable legal basis, namely Article 23 paragraph (2) and Article 36 of Law of the Republic of Indonesia Number 42 of 1999 concerning Fiduciary Guarantees. The criminal sanctions given are a maximum imprisonment of 2 (two) years and a maximum fine of Rp. 50,000,000 (Fifty Million Rupiah)
Legal Protection Based On The Principle Of Proportion: Maintaining A Balance Of Debtor And Creditor Rights In The Execution Of Fiduciary Guarantees Simbolon, Tota Prima; Sidauruk, Jinner
Inspiring Law Journal Vol 3, No 1 (2025): Januari-Juni
Publisher : Inspiring Law Journal

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Abstract

Creditors cannot execute fiduciary guarantees independently; instead, they must file an execution request with the court until a legally binding decision is made. There is no agreement in this decision regarding the debtor's breach of contract and the debtor's willingness to surrender the fiduciary guarantee. The results of this study are as follows: there are no standards regarding the requirements that must be met in the execution auction application documents; many standards regarding execution titles equivalent to court decisions that have permanent legal force; no special category for execution auctions; fiduciary guarantees no longer pay special attention to the ease of execution; and agreement clauses mentioning the debtor's breach of promise and willingness to surrender have non-legal consequences, such as: a surge in execution applications in court; difficulty obtaining credit if the object of the fiduciary guarantee is executed; and the lengthy court execution process, which requires time and costs that can affect the trust in legal protection policies based on the principle of proportionality between the giver and receiver of the fiduciary guarantee
Co-Authors Anggusti, Martono Budiman N.P.D Sinaga Cerine, Angel Cyntia Vebrina Simamora Debora Debora Esther, July Ginting Munthe, Hottua Natalia Ginting, Meilani Amanda Gultom, Jeges Imanuelita Gultom, Meli Hertati Habeahan, Besty Herawati Herawati Janpatar Simamora Manurung, Oktavia Pitta Marito Manurung, Rosa Desi Natalisma Pakpahan, Katryn NN Pasaribu, Roy Ronaldo M. Siagian, Pangeran Goklas Jeremia Siahaan, Rikkot Immanuel Sibarani, Asiroht Can Sauli Sibarani Can Sauli Sihombing, Sherina Elizabeth Silalahi, Keisha Anakku Putri Simare Mare, Chandra P Simbolon, Tota Prima Situmorang, Olyhabana Situmorang, Samuel FB