Manuscript Title:

REORIENTATION OF THE ROLE OF POLICING IN THE EXECUTION OF FIDUCIARY GUARANTEES

Author:

ARIEK INDRA SENTANU, ACHMAD BUSRO, SITI MALIKHATUN B

DOI Number:

DOI:10.5281/zenodo.10203329

Published : 2023-11-23

About the author(s)

1. ARIEK INDRA SENTANU - Doctor of Law Program, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
2. ACHMAD BUSRO - Lecturer in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
3. SITI MALIKHATUN B - Lecturer in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.

Full Text : PDF

Abstract

Reorienting the role of policing in the execution of fiduciary guarantees. The purpose of this study is to analyze: 1) How are the obstacles faced in the implementation of securing the execution of fiduciary guarantees?2) How is the reorientation of the role of the police in the execution of fiduciary guarantees? 3) What is the role of the police in the implementation of securing the execution of fiduciary guarantees?. The research method used is empirical juridical with a statutory approach, concept approach, and case studies. The results showed that: 1) The obstacles faced in the implementation of the execution of Fiduciary Guarantees in the settlement of bad loans in finance companies such as, a) The debtor fled with the object of his Fiduciary Guarantee or the object of his Fiduciary Guarantee had been transferred first, so that no execution could be carried out on the object of the Fiduciary Guarantee. b) The Debtor falsifies data and identity of himself and his business, for example when applying for credit attaching a fake KTP, fake KK, SIUP / TDP / NPWP, so that when the execution of the Fiduciary Guarantee object is carried out, it turns out that the Debtor does not live at the address in accordance with the ID card attached at the time of credit application. c) The debtor embezzles the object of the fiduciary guarantee by hiding or mortgaging, leasing and transferring the object of the fiduciary guarantee so that at the time of execution of the object of the fiduciary guarantee. 2) The purpose of the establishment of the Regulation of the Chief of the National Police of the Republic of Indonesia Number 8 of 2011 concerning Securing the Execution of Fiduciary Guarantees is the implementation of the execution of Fiduciary guarantees in a safe, orderly, smooth, and accountable manner as well as protecting the safety and security of Fiduciary Guarantee Recipients, Fiduciary Guarantee Providers and / or the public from actions that can cause property losses and / or life safety. 3) The police shall secure the execution not on the basis of a request from the recipient of the fiduciary guarantee but on the request of the bailiff of the court who is the executor of the execution warrant issued by the Chief Justice of the District Court. The provisions of Article 6 and Article 7 of the Chief of Police Regulation No. 8 of 2011 constitute the sole authority of the Chief Justice of the District Court in issuing a decree of execution.


Keywords

Role, Policing, Execution, Fiduciary Assurance.