Journal Philosophy of Law
Vol 1, No 1 (2020)

THE AUTHORITY OF THE INDONESIAN NATIONAL POLICE IN HANDLING CRIMES OF FIDUCIARY SECURITY CONTROLLED BY THIRD PARTIES

herawati kusumaningsih (Magister Hukum Universitas 17 Agustus 1945 Semarang)



Article Info

Publish Date
03 Jan 2020

Abstract

This article aims to discuss the authority of the Indonesian National Police in overcoming crimes of fiduciary security controlled by third parties as well as obstacles related to the authority of the Indonesian National Police in overcoming crimes of fiduciary security controlled by third parties. The writing of this article uses a normative juridical approach, which is based on primary and secondary data. Methods of data analysis using qualitative analysis. The research shows that the Authority of the Indonesian National Police in Handling Crimes of Fiduciary Acts controlled by third parties has the authority to maintain public security and order, law enforcement, protection, protection, and community services. They also play a role in providing security assistance implementation of court decisions or execution of fiduciary security. However, in practice, there are obstacles encountered. The obstacles include internal and external constraints also efforts to overcome the authority of the Indonesian National Police in overcoming fiduciary crimes: a. There is still a lack of facilities and infrastructure, as well as an operational budget. b. There are no criminal sanctions against third parties or other parties who control the object of the fiduciary security. c. If a creditor carries out the title of executorial or droit de suit, the debtor often does not fulfill it following Article 30 of Law Number 42 of 1999. Thus the execution process is often cancelled due to rejection from the debtor or mobilizing family or masses. d. Creditors feel aggrieved by incomplete fiduciary collateral as before.

Copyrights © 2020






Journal Info

Abbrev

phil

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of this journal includes the study of Health Law, Economic and Business Law, Criminal, Civil, State Administration, International Law, Human Rights, Customary Law, and Environmental ...