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All Journal Journal of Social Science Journal of Community Service (Abdisci)
Dian Noviyani
Universitas Swadaya Gunung Jati
Social Sciences Other

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RESTORATIVE JUSTICE AND THE SETTLEMENT OF THEFT CRIMES BY ART IN CIREBON: A CASE STUDY AND CRIMINAL LAW PERSPECTIVE Awanda Handani; Dian Noviyani
Jurnal Abdisci Vol 2 No 8 (2025): VOL 2 NO 8 TAHUN 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/abdisci.v2i8.691

Abstract

Abstract Background. Article 367 of the Criminal Code (KUHP) regulates the crime of theft in the family. This article also governs theft committed by the person who helps to commit the theft. Theft in the family is a criminal offense of complaint, meaning that it can only be prosecuted if there is a complaint from the aggrieved party. The complaints referred to in this article are complaints against people who commit theft. According to Awdah, Aims. Theft is the act of stealing other people's property. The meaning of stealth is to take it without the knowledge and consent of its owner. Methods. In this study, we use a qualitative approach to the crime of theft that leads to restorative justice (RJ), in-depth interviews The researcher can interview various parties involved in the restorative justice process, such as perpetrators, victims, mediators, and law enforcement officials, to get a clearer picture of the effectiveness of RJ in resolving theft cases. Conclusion. Restorative justice is one of the settlements of a case before it is continued to court by both parties. This restorative settlement cannot be applied to all criminal cases, but it can be used to minor crimes under its provisions. Implementation. The result of this restorative settlement aims to reconcile both parties.
The Effectiveness of Law Enforcement in Securing Vehicle Assets by Finance Companies Based on Law Number 42 of 1999 concerning Fiduciary Guarantees Dian Noviyani; Dadan Taufik Fathurohman
Journal Of Social Science (JoSS) Vol 5 No 7 (2026): Journal of Social Science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/vb3ff428

Abstract

The expansion of Indonesia’s financing sector has increased the provision of vehicle loans, with fiduciary guarantees serving as a legal instrument to protect creditors against debtor default. However, asset recovery practices often involve legal issues, such as unprocedural vehicle repossessions and the involvement of unqualified debt collectors. This research aimed to assess the effectiveness of law enforcement in protecting vehicle assets by financing companies based on Law Number 42 of 1999 concerning Fiduciary Guarantees, as well as to analyze the extent of legal protection provided to debtors. This empirical juridical (socio-legal) research combined legal and sociological approaches by using direct observation and literature studies, with qualitative data analysis. The findings indicated that Law Number 42 of 1999 provides a legal basis for financing companies to execute fiduciary guarantee objects when debtors fail to fulfill their obligations. However, the implementation of this law remained suboptimal due to several obstacles, including unregistered fiduciary guarantees, the absence of fiduciary guarantee certificates, inadequate legal understanding among the parties involved, and challenges in the vehicle repossession process. Furthermore, the Constitutional Court Decision Number 18/PUU-XVII/2019 established that the execution of fiduciary guarantees should not be conducted unilaterally without an agreement regarding the occurrence of default (wanprestasi) or a final and binding court decision. Therefore, strengthening compliance with legal provisions, improving supervision, and enhancing legal awareness are necessary to achieve legal certainty and equitable protection for both creditors and debtors.
Co-Authors Awanda Handani Dadan Taufik Fathurohman