Anggi Martriolanda, Anggi Martriolanda (2019) Pengalihan Objek Jaminan Kendaraan Bermotor tanpa Persetujuan Pemberi Kredit Ditinjau dari Kitab Undang-Undang Hukum Pidana dan Undang-Undang Nomor 42 Tahun 1999 tentang Jaminan Fidusia. [Undergraduate thesis]
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Abstract
Credit agreements provided by dealers coorperate with financial institutions and then use the fiduciary guarantees that charged to vehicles purchased by consumers. In Js, case JS diverted the motorcycle which was the object of collateral for credit without the knowledge and permission of PT Summit Oto Finance Tenggarong as creditor. The purpose from this writing is to find out whether JS transfer action could be punished in terms of the Criminal Code and Law Number 42 of 1999 About Fiduciary Guarantees (UUJF). JS transfered the motorcycle occurred before the issuance of the Fiduciary Guarantee Certificate so that it could not be said as an act of transferring fiduciary objects as stipulated in Article 36 UUJF. JS is more appropriately subject to Article 372 of the Criminal Code concerning embezzlement where JS has been proven intentionally and unlawfully to commit embezzlement on the motorbike for making a transfer without the approval of PT Summit Oto Finance Tenggarong as creditor. In addition to committing acts against the law, JS can also be asked for criminal responsibility, as well as having an element of intentional error because JS used his name to take motorcycle credit to AI and did not say honestly to the Finance that motorbike would be used by AI. In doing his actions JS is not forced so there is no forgiving reason for JS
| Item Type: | Undergraduate thesis |
|---|---|
| Uncontrolled Keywords: | fiduciary guarantee, transfer of guarantee, fiduciary guarantee certificate constitutum possessorium |
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Business and Economic > Department of Economic Faculty of Law > Department of Law |
| Depositing User: | Masyhur 196042 |
| Date Deposited: | 17 Jul 2019 09:11 |
| Last Modified: | 17 Jul 2019 09:11 |
| URI: | http://repository.ubaya.ac.id/id/eprint/35109 |
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