TINDAKAN PENARIKAN UNIT KENDARAAN YANG DILAKUKAN DEBT COLLECTOR TERHADAP DEBITUR DITINJAU DARI ASPEK HUKUM PIDANA
| Main Authors: | Sinaga, Jusnizar; Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara, Hamdan, Muhammad; Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara, Ablisar, Madiasa; Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara, Harianto, Dedi; Program Studi Magister Ilmu Hukum Fakultas Hukum Universitas Sumatera Utara |
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| Format: | Article info application/pdf eJournal |
| Bahasa: | eng |
| Terbitan: |
USU LAW JOURNAL
, 2017
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| Online Access: |
https://jurnal.usu.ac.id/index.php/law/article/view/17442 https://jurnal.usu.ac.id/index.php/law/article/view/17442/7397 |
Daftar Isi:
- ABSTRACT In practice the implementation of the debt collector always conduct the act of forcibly and accompanied by violence and inclined to crimes in make withdrawals craft . The formulation of problems related to with the withdrawal of vehicles accompanied by violence that is: How about the collection of arrangement or confiscation of a motor vehicle that carried out by debt collector against a debtor non-performing loans, Do factors for the act of violence carried out by debt collector, How a settlement effort the act of violence carried out by debt collector in terms of the aspect of criminal law. This research is classified as the kind of research juridical normative , study legislation as criminal code and civil law, Regulation president of the Republic Indonesia No. 9 of 2009 about Funding Institution , the act of No. 42 of 1999 about Fiduciary Security, Minister of Finance Regulation No.130/ PMK.010/2012 about Registration Fiduciary for Financing Company, this research also is study case that is focus self intensively on an object particular and learn that as a case. Arrangement about the collection of vehicles stipulated in a financing with fiduciary security contained in the act of fiduciary security number 42 of 1999 And also minister of finance regulation no 130 / PMK. 010 / 2012 . Factors for the occurrence of violence carried out by debt collector consists of institutions too pursue the target of , lack of awareness of debtors , lack of knowledge of the laws the third party or debt collector and debtors , then influenced by a characteristic debt collector. On a settlement case the act of violence carried out by debt collector by virtue of position cases decisions of the supreme court number .242 / pid.b / 2013 / pn.jmb where debt collector proven to commit crimes dispossession by violence in when make withdrawals vehicles with a profitable purpose self or another person and to eliminate receivable debtors with against the right . Keywords: Debt collector, Crimes Dispossession by Violence, Consumen Financing