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All Journal JUDGE: Jurnal Hukum Jurnal Cendekia Ilmiah
Puspitasari Rusdi
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Perlindungan Hukum Terhadap Tindakan Debt Collector dalam Penarikan Objek Jaminan Fidusia Oleh Perusahaan Pembiayaan Kendaraan Erlika Sari; Puspitasari Rusdi; Hairul Saleh Satrul
Judge : Jurnal Hukum Vol. 6 No. 06 (2026): Judge : Jurnal Hukum
Publisher : Cattleya Darmaya Fortuna

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54209/judge.v6i06.2083

Abstract

Consumer protection stipulates that every consumer has the right to obtain legal protection and fair dispute resolution mechanisms, as provided in Article 4 letter (e) of Law Number 8 of 1999 on Consumer Protection. In Indonesia, there has been a significant increase in public interest in purchasing vehicles through credit schemes offered by financing companies, which has given rise to various legal issues. In many cases, debtors experience default (wanprestasi). This condition has led most financing companies (leasing companies) to employ third parties, commonly referred to as debt collectors, to conduct debt collection activities against consumers (debtors). However, in practice, numerous incidents have occurred in which consumers’ fiduciary objects are forcibly repossessed due to delayed installment payments. This study examines the legal protection afforded to consumers in the repossession of fiduciary collateral objects, as well as the constraints and recommendations necessary to ensure compliance with the applicable laws and regulations. This research employs a normative juridical approach, conducted by examining statutory regulations related to the actions of debt collectors in the repossession of fiduciary objects. The results of the study indicate that the execution of fiduciary collateral objects may only be carried out if there is a voluntary agreement between the creditor and the debtor, or through a court decision. Therefore, actions undertaken by third parties or debt collectors that involve the forcible repossession of vehicles without a clear and lawful legal basis constitute a violation of the law.
Omkering Van Bewijslast Dalam Tindak Pidana Pencucian Uang Di Indonesia Berdasarkan Prinsip Persumption Of Guilty Puspitasari Rusdi; Fakhril Riadi Mursalim
J-CEKI : Jurnal Cendekia Ilmiah Vol. 3 No. 6: Oktober 2024
Publisher : CV. ULIL ALBAB CORP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56799/jceki.v3i6.5635

Abstract

Omkering van bewijslast is referred to as the principle of reversal of the burden of proof or reverse proof. The application of reverse evidence is carried out by the judge ordering him to prove that his property was obtained legally. Article 77 of the Money Laundering Crime Law has inspired the reverse burden of proof in Indonesia. However, the concept of the reverse burden of proof is balanced and limited, so it is important to reformulate the reverse burden of proof based on the principle of presumption of guilt, which will effectively refer to predicate crimes. The burden of proof is reversed based on the principle of presumption of guilt which will have an unlimited nature for the Crime of Money Laundering and adopting the taint doctrine for assets tainted by the Crime of Money Laundering. In this article, we will examine the regulation of the reversal of the burden of proof in the crime of money laundering in Indonesia and the application of the reverse burden of proof based on the principle of presumption of guilt in cases of the crime of money laundering in Indonesia. The research method used is a normative legal research method through a statutory approach and a case approach. The legal materials used are primary legal materials and secondary legal materials using literature review and then analyzed prescriptively.
Co-Authors Erlika Sari Fakhril Riadi Mursalim Hairul Saleh Satrul