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All Journal Journal of Shariah Economics
Agus Setiyawan
Universitas Dr. Soetomo Surabaya
Religion Economics, Econometrics & Finance Education Social Sciences Other

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Pengalihan Aset Jaminan Fidusia Saat Proses Penyidikan Di Kepolisian Agus Setiyawan; Sri Astutik; Moh. Taufik
JOURNAL OF SHARIA ECONOMICS Vol. 4 No. 1 (2022): Journal of Sharia Economics
Publisher : Program Studi Ekonomi Syariah, Fakultas Ekonomi dan Bisnis Islam, Universitas Al Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/jse.v4i1.1249

Abstract

The use of fiduciary security as a proprietary security right plays a crucial role in supporting financing activities and maintaining economic stability. However, in practice, problems frequently arise in the form of the transfer of fiduciary collateral assets by debtors without the prior written consent of creditors, which may result in criminal legal consequences. This article aims to analyze the legal framework and law enforcement practices concerning the transfer of fiduciary collateral assets during police investigation processes. This study employs a normative juridical research method with statutory and conceptual approaches. The findings indicate that Law Number 42 of 1999 on Fiduciary Security provides a clear legal basis regarding the prohibition of transferring fiduciary objects and the imposition of criminal sanctions on violators. In the context of investigations, the police play a strategic role in uncovering fiduciary transfer offenses, while simultaneously facing challenges in balancing criminal law enforcement with the protection of creditors’ civil rights. Therefore, a proportional law enforcement approach, including the application of restorative justice, is necessary to achieve legal certainty, justice, and expediency in resolving fiduciary cases.
Co-Authors Moh. Taufik Sri Astutik