KAJIAN YURIDIS TINDAK PIDANA PENGALIHAN OBJEK JAMINAN FIDUSIA TANPA PERSETUJUAN PENERIMA FIDUSIA: (Studi Kasus Di PT. Armada Finance Kanwil II Surakarta)

The purpose of this study is to analyze the debtor's responsibility for thetransfer of fiduciary guarantee objects without the approval of creditors of PT.Armada Finance Kanwil II Surakarta. To analyze the judge's consideration indeciding the criminal case of transferring the object of fiduciary bail without theconsent of the fiduciary recipient in the Banjarmasin District Court Decision No.210 / Pid.Sus / 2021 / PN.Bjm. The method of approach in thiswriting is empirical and normative. The specifications of this study use descriptiveanalysis. Data sources use primary data and skunder data. Data collectiontechniques use interview studies and document studies. To analyze the data,researchers use qualitative descriptive analysis methods.Debtors who transfer the object of fiduciary guarantees without thecreditor's consent may be subject to civil and criminal liability. The transfer of theobject of fiduciary guarantee without the consent of the creditor is unlawful.Unlawful acts are regulated in Article 1365 of the Civil Code where the debtor isresponsible for indemnifying in the form of recovery as the original circumstancesresulting from his actions that harm others. While the criminal responsibility for thetransfer is punishable by imprisonment of a maximum of 2 (two) years and amaximum fine of Rp.50,000,000,- (fifty million rupiah) this is regulated by Article36 UUJF which states: "Debtors who transfer, mortgage, or rent objects that are theobject of Fiduciary guarantee as referred to in article 23 paragraph (2) which is donewithout prior written consent from the Fiduciary Recipient, Convicted with amaximum prison term of 2 (two) years and a maximum fine of Rp.50,000,000,-(fifty million rupiah). The basis of the Judge's consideration in handing down theverdict of prosecution against the fiduciary granter who transferred the object offiduciary bail without the written consent of the fiduciary recipient includes:Juridical aspects, namely the Public Prosecutor's indictment against the Defendantin violation of the provisions of Article 36 of the Fiduciary Guarantee Law, witnessstatements and testimony of the Accused, as well as evidence submitted during thetrial. These matters are conducted an analysis by the Judge to determine and provethe defendant's guilt for the act of transferring the object of fiduciary bail withoutthe consent of the fiduciary recipient. The philosophical aspect, namely thedetermination of the verdict of the prosecution is based on the purpose of carryingout law enforcement in connection with the defendant's actions to transfer the objectof fiduciary bail without the consent of the fiduciary recipient for violation of theprovisions of Article 36 of the Fiduciary Guarantee Law. Sociological aspects,namely the background of the Defendant's actions, the consequences of theDefendant's actions and things that alleviate and incriminate the Defendant withregard to the transfer of the object of fiduciary bail without the consent of thefiduciary recipient.Keywords: Liability, Transfer, Fiduciary Guarantee