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September 12, 2025International Journal of Science and SocietyOpen Access

Criminalization of the Transfer of Fiduciary Guarantee Objects Without Consent: A Study Result of the Case No. 118/Pid.Sus/2024/PN Pgp

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Authors

PAPiko AgustiyantoASAbdul Rasyid SalimanHTHusni Tamrin

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Overview

Normative juridical analysis highlights tensions between criminal law and fiduciary agreements.

Key Points

  • The research reveals that criminalizing the unauthorized transfer of fiduciary guarantee objects protects financing institutions, and raises debates about excessive penalties.
  • Case study analysis of the Pangkalpinang District Court decision indicates the need for clarity in consent requirements for fiduciary guarantees.
  • The methodology employed is a normative juridical approach, emphasizing the legal implications surrounding fiduciary transfers without consent.
  • Harmonization between civil and criminal law is crucial to prevent excessive criminalization and ensure fairness in fiduciary agreement enforcement.

Cite This Study

Agustiyanto et al. (2025) studied this question.

synapsesocial.com/papers/68d41c02713b0b5dfea655a4https://doi.org/10.54783/ijsoc.v7i3.1505
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