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Tindak pidana pengalihan objek jaminan fidusia (studi kasus no.17/PID.B/2017/PN.MLG) (CD + Cetak)
In the loan agreement, non-bank finance agencies always require that a guarantee be met in order to obtain a loan. A loan agreement or a loan agreement with a fiduciary loan is a policy taken in order to adjust to the development of business and community needs. Even though a covenant has been administered with a guarantee, it does not mean that it will go smoothy. As for one of the obstacles in the agreement, the Debtor performs the act by transferring the object of the fiduciary guarantee without the creditor’s approval by transferring or transferring or renting it back to a third party. The formula for the problem to be discussed in the essay is how the judge will evaluate the verdict no.17/ Pid.B/2017/PN.Mlg and how criminal law is applied to the perpetrator of fiduciary security objects. The study of this thesis is the normativenlaw study using secondary data obtained from primary law materials, secondary law materials and tertiary hokum materials.
ACTS included in the crimes of the fiduciary agreement on fiduciary regulations are set forth in chapters 36 of fiduciary excise laws which deposition fiduciary, which are subject to sub-prime fiduciary assurance, which is not a provision without a written agreement from the fiduciary. In implementing criminal laws against subject tampering of fiduciary bail objects the judge not only considers the delic on the legislation fiduciary bail but also the delic on the criminal law. At a no.17/Pid.B/2017/PN.Mlg judges are more likely to apply a specific criminal law, which in the 1999 statute no. 42 statute on fiduciary bail, rather than using critizen clause 372 abaut embezzlement, because at this time they’re more likely to adopt the lex specialist legi than the lex generalist.
Keyword : Fiduciary, Diversion, Object.
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