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Reformulasi Perkap No. 8 Tahun 2011 tentang Pengamanan Eksekusi Jaminan Fidusia Pasca Putusan Mahkamah Konstitusi Nomor : 18/PUU-XVII/2019 Syairulan A. Radjak; Ahmad, Ibrahim; Moonti, Roy Marthen
Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara Vol. 1 No. 4 (2024): Desember : Jembatan Hukum : Kajian ilmu Hukum, Sosial dan Administrasi Negara
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/jembatan.v1i4.1086

Abstract

Guarantee fiduciary guarantees play an important role in economic financing in Indonesia. However, implementation of fiduciary guarantee execution often leads to legal conflicts, especially the abuse of executorial power by creditors. Court Decision Constitutional Court Decision Number 18/PUU-XVII/2019 changes the execution mechanism to better protect the rights of debtors and emphasize the principle of justice. protect the rights of debtors and emphasize the principle of justice. This raises the need to reformulate Perkap No. 8/2011 to be relevant to the changes.changes. Research This research uses a normative method that analyzes the relevant laws and regulations related laws and regulations, the principles of justice, and their compatibility with social dynamics. The focus is to review the relevance and weaknesses of Perkap No. 8/2011 after the Constitutional Court Decision. The Constitutional Court's ruling limits unilateral execution and requires an acknowledgment of default or a court decision before execution. default or court decision before execution is carried out. This increases the protection of debtors' rights, but also adds procedural burdens for creditors. for creditors. The reformulation of Perkap No. 8/2011 is necessary to ensure that execution is more fair and lawful. The reformulation should include mechanisms that prioritize legality, protection of debtor rights, and oversight of abuse. monitoring against abuse. Synergy between the court, the police, and related parties need to be strengthened to create a balanced and transparent legal ecosystem and transparent.
Analisis Kriminologi Tindak Pidana Perampasan Kenderaan di Wilayah Hukum Polres Gorontalo Kota Syairulan A. Radjak; Ramdhan Kasim; Nurmik K. Martam
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 3 No. 3 (2026): Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v3i3.3127

Abstract

This study was motivated by the increasing incidence of vehicle robbery crimes within the jurisdiction of the Gorontalo City Police, which have caused material losses, fear, and public anxiety in society. The purpose of this research is to analyze law enforcement efforts and crime prevention measures related to vehicle robbery, as well as to identify the criminological factors that encourage the occurrence of such crimes. The research employed a qualitative descriptive-analytical method, with data collected through interviews, documentation studies, and indirect observation. The results of the study indicate that the Gorontalo City Police have implemented repressive, preventive, and pre-emptive measures through investigations, inquiries, arrests of perpetrators, routine patrols, public order operations, utilization of CCTV, legal awareness campaigns, and cooperation with the community. The factors contributing to this crime include low self-control, weak family supervision, economic pressure, unemployment, peer influence, alcohol or narcotics abuse, and environmental conditions characterized by isolation and lack of supervision. This study suggests the need for increased patrols in vulnerable areas, installation of public security facilities, youth development programs, strengthening the role of families, and active community participation in maintaining public security and order.