Perlindungan Hukum Terhadap Lembaga Pembiayaanyang Objek Jaminan Kebendaannya Di Sita Oleh Negara Di Wilayah Hukum Kabupaten Indragiri Hulu

Simamora, Febri Erdin (2022) Perlindungan Hukum Terhadap Lembaga Pembiayaanyang Objek Jaminan Kebendaannya Di Sita Oleh Negara Di Wilayah Hukum Kabupaten Indragiri Hulu. Masters thesis, Universitas Islam Riau.

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Abstract

An object that has been bound with a fiduciary guarantee as a guarantee for repayment of debtor's debt to a creditor may not be confiscated either civilly or criminally, even though it turns out that in the future the object of the fiduciary guarantee is related to a criminal case in this case is a banking crime or fraud. The binding of the fiduciary guarantee between the debtor and the creditor must be seen as a good faith from the creditor who does not know that the object of the fiduciary guarantee was obtained by the debtor from an unlawful act by committing a banking crime or fraud. Therefore, creditors holding fiduciary guarantees with good intentions must be protected by applicable law The problem of this research is how is the legal protection for financial institutions whose objects of collateral are confiscated by the state in the jurisdiction of Indragiri Hulu Regency, and how is the status of the goods seized by the state belonging to third parties with good intentions. The research method is observational research by means of a survey, meaning that the researcher directly conducts research at the location of the research place, while its nature is descriptive. The results of the research are that the legal protection of financial institutions whose objects of material security are confiscated by the state in the jurisdiction of Indragiri Hulu Regency is not yet able to be carried out optimally because it is still contrary to Article 24 of Law Number 42 of 1999 concerning fiduciary guarantees, because the confiscation has not taken into account the intentions both from financing institutions and still ignoring the rights owned by financial institutions for unlawful acts committed by consumers, causing injustice and the absence of legal certainty as fiduciary guarantee holders whose guarantee objects have registered fiduciary certificates, which guarantee holders should get legal protection. The status of goods confiscated by the State belonging to a third party with good intentions must be returned to the financing institution, namely WOM Finance because legally the seized goods or vehicles belong to Wom Finance and must be returned by the state through a court decision to Wom Finance, because of debt the debtor has not been paid.

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