Pertanggungjawaban Pidana Pihak Leasing dalam Penarikan Jaminan Fidusia oleh Debt Collector Berdasarkan Undang-undang Nomor 42 Tahun 1999 Tentang Jaminan Fidusia

Abstract

This thesis addresses the issue of criminal responsibility in the leasing party fiduciary withdrawal by the debt collector current and future based on Law Number 42 Year 1999 regarding fiduciary. From the results of research using normative legal research methods by researching library materials is a secondary data and also called the research literature, we concluded that: 1) Accountability Criminal Parties Leasing in withdrawal Fiduciary by Debt Collector Based on Law No. 42 of 1999 on Fiduciary , confirmed that the transfer of the vehicle during the lease payments financing agreements that deviate from the content of the agreement can be qualified as a crime of embezzlement to it under Article 372 and the criminal act fencing to it under Article 480 penal Code. 2) Efforts accountability Criminal Parties Leasing in withdrawal Fiduciary by Debt Collector Based on Law No. 42 of 1999 on Fiduciary, indicates that the person giving the power of attorney from financial institutions (finance) to third parties (Debt Collector) in execution guarantee fiduciary never be criminally, should be based on the series - a series of such actions, the giver of power of attorney withdrawal of fiduciary security object may be classified into Article 55 of the Criminal Code. It is known that the retrieval of the vehicle forcibly by PT. Adira Dinamika Multi Finance (ADMF) Pontianak City as finance companies credit (leasing) through third party services is against the law