Kebijakan Kriminal Terhadap Korban Tindak Pidana Penggelapan Dalam Bidang Jasa Penjaminan (Finance)

Saputra, Nanda (2020) Kebijakan Kriminal Terhadap Korban Tindak Pidana Penggelapan Dalam Bidang Jasa Penjaminan (Finance). Other thesis, Universitas Islam Riau.

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Abstract

Practice in the field shows that creditors through "certain hands" are forced to commit "crimes" in order for the debtor's obligations to be realized, namely handing over vehicles that have not been paid in installments. This is partly because the debtor has made the transfer of the vehicle to another party and does not want to provide true information about the existence of the vehicle that has been diverted. From this legal phenomenon, legal problems arise within the scope of the parties responsible for losses suffered by creditors (financial institutions) and law enforcement. In practice, execution cannot easily be carried out on debtors who have been categorized as bad credit because it must involve a court of law. Therefore, the deterrent effect is not clearly visible in the community because legal events in the transfer of vehicles financed on credit still occur and may continue to occur. The main problems in this study are: First, how is the criminal policy towards victims of embezzlement in the field of insurance services (finance)? Second, what is the ideal concept of criminal policy towards victims of embezzlement in the field of insurance services (finance)? This type of research is included in the normative legal research group. While seen from its nature is descriptive analytical. The approach used in this research is the statute approach and the conceptual approach. From the results of the study concluded, namely: First, criminal policy against victims of embezzlement in the field of insurance services (finance), especially against corporations, has not been specifically regulated in Indonesian criminal law. The impact is that there are unclear forms of legal (criminal) aspects of protection that can be given to legal entities such as there is no criminal policy for collectors in the form of special laws. The current criminal policy does not make it easy for companies to withdraw fiduciary guarantees that are darkened by self-help because they require assistance from the National Police. Second, the ideal concept is that there is a clear form of legal (criminal) protection aspects that can be given to legal entities (creditors). The Law on Fiduciary Guarantees regulates sanctions for transferring fiduciary guarantees and their recipients if the transfer is not notified to the creditor due to the fact, the law only provides sanctions to the transferring party; there is no criminal liability to the recipient. When the recipient of the transfer is linked to the provisions in Article 480 of the Criminal Code, the criminal element is not easy to fulfill if it is associated with ownership of a fiduciary collateral vehicle (part of the debtor's property and part of the creditor's).

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