Analisis Yuridis Tindak Pidana Pengalihan Objek Jaminan Fidusia Tanpa Sepengetahuan Penerima Fidusia (STUDI PUTUSAN NOMOR 103/Pid.Sus/2021/PN.Pre)

MUHAMMAD ILHAMSYAH TAUFAN (B011181560) with the title "Juridical Analysis of the Crime of Transferring Fiduciary Guarantee Objects Without the Knowledge of the Fiduciary Recipient (STUDY OF DECISION NUMBER 103/Pid.Sus/2021/PN.Pre)". Supervised by Said Karim as the main supervisor and Syarif Saddam Rivanie as the accompanying supervisor.

This study aims to determine the qualifications of the criminal act of the perpetrator of the transfer of collateral objects without the knowledge of the fiduciary recipient based on decision number 103/Pid.Sus/2021/PN.Pre and analyze the application of criminal law to the crime of fiduciary recipients in decision number 103/Pid.Sus/2021 /PN. Pre).

This research is normative legal research. The approach used is a statutory approach (Statute Approach) and a case approach (Case Approach). The data obtained were then analyzed with qualitative methods and then presented with prescriptive methods.

The results of this thesis research show that; 1) The qualifications for the transfer of the fiduciary guarantee object are seen based on the existence of a legal relationship between the debtor as the fiduciary guarantee provider and the creditor as the recipient of the fiduciary guarantee based on the financing agreement and the fiduciary guarantee deed, the criminal liability of the fiduciary giver who transfers the fiduciary guarantee object without the knowledge or without the written consent of the fiduciary recipient as referred to in Decision Number 103/Pid.Sus/2021/PN.Pre. based on the existence of an error from the Defendant as the fiduciary provider which included intentional or negligent, while the act committed was an act that was prohibited and punishable by crime as stipulated in Article 36 UUJF. 2) Basic considerations of Judges in imposing sentencing decisions against fiduciary givers who transfer fiduciary guarantee objects without written consent from fiduciary recipients in a juridical manner indictment of the Public Prosecutor against the Defendant by violating the provisions of Article 36 UUJF.