Analisis Yuridis Perlindungan Hukum Bagi Kreditur Atas Objek Fidusia Yang Disita Oleh Kejaksaan Dalam Kasus Tindak Pidana

Murtadho, Muhammad (2022) Analisis Yuridis Perlindungan Hukum Bagi Kreditur Atas Objek Fidusia Yang Disita Oleh Kejaksaan Dalam Kasus Tindak Pidana. Other thesis, Universitas Islam Riau.

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Abstract

There are parties who are harmed as a result of the confiscation carried out by the Pekanbaru District Prosecutor's Office of the object of fiduciary guarantee in the form of 1 (one) white Mitsubishi Pajero Sport Dakar 4X2 car, which is considered the result of a narcotics crime committed by Suparto as a consumer. So here the author feels that this is a consideration by the Pekanbaru District Prosecutor's Office of the objects or goods that are confiscated, lest there are other parties who are harmed by the confiscation. Based on the above background, the main problem in writing this thesis is first, how is the legal protection for creditors for the confiscation of the object of a fiduciary guarantee of one unit of Mitsubishi Pajero Sport Dakar in Pekanbaru City and what are the obstacles in the protection of legal protection for creditors on the confiscation of the object of a fiduciary guarantee of one unit. Mitsubishi Pajero Sport Dakar car in Pekanbaru City. This type of research is sociological or observational research by means of surveys, namely research that takes data directly from the population with data collection tools, namely interviews, after which the data is taken and processed so that conclusions are obtained using the deductive method. Meanwhile, if viewed from its nature, this research is descriptive, namely research that explains in the form of clear and detailed sentences. Legal Protection for Creditors for Confiscation of the Fiduciary Guarantee Object of one Mitshubishi Pajero Sport Dakar car in Pekanbaru City, that the Pekanbaru District Court Judge granted the claim of BCA Finance as the creditor holding the fiduciary right of the fiduciary object in the form of the Pajero Sport Dakar which was confiscated by the Riau District Attorney who still in the credit stage / has not been paid off. Obstacles in the Protection of Legal Protection for Creditors on Confiscation of Objects of Fiduciary Collateral of one Mitshubishi Pajero Sport Dakar car in Pekanbaru City that the confiscated evidence is used as evidence in court, so it is feared that the evidence will be damaged, and of course will harm creditors, while the second obstacle there is no notification to creditors of the confiscation carried out by the prosecutor's office on the confiscated fiduciary object.

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