EFEKTIVITAS PENEGAKAN HUKUM TERHADAP PENARIKAN PAKSA OBJEK JAMINAN FIDUSIA YANG MENIMBULKAN TINDAK PIDANA

Abstract

ABSTRACT Effectiveness of Law Enforcement Against Forced Withdrawal of Fiduciary Guarantee Objects Leading to Criminal Acts AMELIA SOLIHAH NIM. 82338240015 Forced seizure of fiduciary collateral by financing companies or third parties (debt collectors) is a common occurrence in society and frequently raises legal issues. Although Law Number 42 of 1999 concerning Fiduciary Collateral grants creditors the right of execution, its enforcement cannot be carried out unilaterally without regard to applicable legal procedures. Constitutional Court Decision Number 18/PUU-XVII/2019 has emphasized that the execution of fiduciary collateral can only be carried out if there is an agreement regarding default and voluntary surrender by the debtor, or through judicial mechanisms in the event of a dispute. In practice, forced seizures are often carried out through threats, intimidation, or violence, potentially fulfilling the elements of a criminal offense as stipulated in Law Number 1 of 2023 concerning the Criminal Code. This study aims to analyze the legal provisions regarding the withdrawal and execution of fiduciary collateral objects according to Law Number 42 of 1999 and Constitutional Court Decision Number 18/PUU-XVII/2019. It examines the practice of forced withdrawal of fiduciary collateral objects, and assesses the effectiveness of law enforcement regarding forced withdrawal of fiduciary collateral objects. The research method used is normative legal research with a statute approach, a conceptual approach, and a case approach. The legal materials used include primary legal materials in the form of laws and court decisions, as well as secondary legal materials in the form of relevant literature and scientific journals. The results indicate that, normatively, the legal provisions regarding the execution of fiduciary collateral are quite clear and provide legal protection for both creditors and debtors. However, in practice, forced withdrawals still occur that exceed legal procedures and have the potential to meet the elements of criminal acts such as extortion, threats, confiscation, assault, and destruction of property. The effectiveness of law enforcement against these practices is less than optimal due to inconsistencies in law enforcement enforcement, weak oversight of financing companies, and low public legal awareness. Therefore, strengthening technical regulations, consistent law enforcement, and improving legal literacy are necessary to ensure legal certainty and justice in fiduciary guarantee practices. Keywords: Fiduciary Guarantee, Forced Withdrawal, Criminal Act, Effectiveness of Law Enforcement;