CD Skripsi
Penyidikan Tindak Pidana Penggelapan Barang Jaminan Fidusia Di Wilayah Hukum Polresta Pekanbaru
ABSTRACT
The crime of embezzlement of fiduciary collateral often occurs in Indonesia, especially the city of Pekanbaru. Meanwhile, fiduciary guarantees as a form of engagement regulated in Law Number 42 of 1999 concerning Fiduciary Guarantees are routine activities in lending transactions because the loading process is considered simple, easy and fast. Fiduciary is the transfer of ownership rights to an object on the basis of trust provided that the object whose ownership rights are transferred remains in the control of the owner of the object. The rise of embezzlement crimes against fiduciary guarantees cannot be separated from the role of law enforcement, including at the level of the investigation process. The main problem in this study is the lack of security for creditors who pledge their valuables to debtors. In this study, the authors wanted to know how the investigation process was carried out by the Pekanbaru Police and wanted to find out what obstacles occurred in the investigation process against the crime of embezzlement of fiduciary guarantees in the city of Pekanbaru.
This type of research can be classified in the type of Sociological research because in this study the author directly conducts research at the location or place under study in order to provide a complete and clear picture of the problem being studied. This research is sourced from primary data, secondary data and tertiary data, while the population and sample are the Pekanbaru Police investigators who handle cases of embezzlement of fiduciary guarantees in the Pekanbaru Police jurisdiction.
The results of the study indicate that in terms of the investigation process, it turns out that the Pekanbaru Police are not optimal in carrying out law enforcement as evidenced by the 20 cases that have been submitted from 2018 to 2022, only 5 cases have been sentenced to court while 15 cases have been investigated, this is due to the investigation process. What is done tends to charge the reporter to prove his report without any effort or the role of law enforcement is passive while in criminal law the investigator has the authority to actively prove a criminal act. Then in the investigation process there were also obstacles, namely insufficient evidence, the object of the guarantee was difficult to find, the suspect was not present, fled, did not have a permanent residence or his identity was not clear and the minimum number of investigators for criminal acts of fiduciary security.
Keywords: Crime – Embezzlement – Fiduciary
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