International Journal of Science and Society (IJSOC)
Vol 7 No 3 (2025): International Journal of Science and Society (IJSOC)

Criminalization of the Transfer of Fiduciary Guarantee Objects Without Consent: A Study Result of the Case No. 118/Pid.Sus/2024/PN Pgp

Agustiyanto, Piko (Unknown)
Saliman, Abdul Rasyid (Unknown)
Tamrin, Husni (Unknown)



Article Info

Publish Date
02 Sep 2025

Abstract

This research aims to examine the criminalisation aspect of the act of transferring the object of fiduciary guarantee without the written consent of the fiduciary recipient in the perspective of criminal law, with a case study of the Pangkalpinang District Court Decision Number 118/Pid.Sus/2024/PN Pgp. In this case, the defendant was sentenced to criminal punishment for transferring the vehicle which was the object of fiduciary guarantee to a third party without the consent of the financing party. The research method used in this research is normative juridical with a case approach. The results of the analysis show that the criminalisation of the act aims to provide legal protection for the financing institution, but on the other hand it raises a debate because the act of civil default is qualified as a criminal act. This study recommends the need for harmonisation between civil and criminal law in responding to violations of fiduciary agreements so as not to cause excessive criminalisation and still uphold the principle of justice.

Copyrights © 2025






Journal Info

Abbrev

ijsoc

Publisher

Subject

Materials Science & Nanotechnology Social Sciences

Description

International Journal of Science and Society (IJSOC) is open access and peer-reviewed journal with e-ISSN (2715-8780), IJSOC is an international journal devoted to the study of science and technology in a social context. It focuses on the way in which advances in science and technology influence ...