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Journal : Jurnal Hukum dan Pembangunan

PENERAPAN SANKSI PIDANA TERHADAP PERBUATAN PENGALIHAN BARANG JAMINAN FIDUSIA (STUDI KASUS PADA POLRES SERANG KOTA) Wiguna, Rahmat; Irawan, Benny; Yulia, Rena
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Abstract

At this time, many financial institutions (leasing) offer easy credit applications for potential customers. This has attracted consumers to apply for motor vehicle loans, both cars and motorbikes, in leasing companies. However, the problem that has occurred recently in financial institutions is the number of cases concerning the transfer of fiduciary collateral. In fact, the said act has been regulated in statutory regulations which have criminal consequences, namely if the debtor transfers goods or pawns the goods which are guaranteed to be Fiduciary without the creditor's permission, the debtor can be subject to a fiduciary crime. This research aims to determine how the application of criminal sanctions to the act of transferring fiduciary goods and how the law enforcement process against the act of transferring fiduciary collateral at the Police Office of Serang District. This research method uses a normative juridical method using secondary data. Secondary data is used to analyze various laws and regulations in the field of law, regulations regarding fiduciary collateral, books relating to fiduciary and articles.
ANALISIS YURIDIS SANKSI PIDANA PELANGGARAN PASAL 281 JO 77 AYAT (1) UNDANG UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN DI WILAYAH HUKUM POLRES SERANG KOTA Alihamzah, Januar; Irawan, Benny; Herli, Dadang
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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Abstract

Law Number 22 Year 2009 concerning Road Traffic and Transportation (LLAJ Law) explains that traffic order and road transportation is a traffic condition that takes place regularly with the rights and obligations of every road user. Every motorized vehicle driver is required to have a driving license (SIM) in accordance with the provisions of Article 77 paragraph (1) of the LLAJ Law. The fact that happened in the jurisdiction of the Serang Kota Police, there were 156 cases of violations of Article 77 paragraph (1) of the LLAJ Law which were decided by the Serang District Court with fines whose value was far from the maximum fine in accordance with Article 281 of the LLAJ Law, and with the same violations there were the fines imposed by the judges are different. This paper will examine the factors that hamper vehicle drivers in obtaining a SIM and the application of criminal sanctions against SIM violations against motor vehicle driver compliance in the jurisdiction of the Serang Kota Police.