Effectiveness of Justice-Based Law Enforcement of the Crime of Transferring Bail Without Permit

Abstract

Fiduciary guarantees became part of the guarantee law which later gave birth to Law as regulated in Law Number 42 of 1999 concerning Fiduciary Guarantees. This guarantee law gives rise to material rights where the rights of creditors must be prioritized and absolute. The object of fiduciary guarantees are movable objects consisting of inventory items. It is known that this moving object is dynamic and changes, so there is a big opportunity for the collateral object to be transferred. This is of course a big risk for creditors if the collateral object has been misused by the fiduciary or debtor, so that in the future it will result in difficulties in the process of executing the collateral object by the fiduciary recipient. In this case, the position of the fiduciary recipient must of course be protected by legal protection so that the position of the fiduciary recipient is not in a weak position.