TINJAUAN DELIK PENARIKAN PAKSA TERHADAP BARANG JAMINAN FIDUSIA (Studi Kasus di PT. Adira Dinamika Multifinance Cabang Kota Kendari)

Abstract

The objectives of the study were: 1). To find out and understand the act of forced withdrawal carried out by Debt Collectors categorized as Confiscation according to the Criminal Code. 2). To find out and understand efforts to minimize the occurrence of Forced Withdrawal by Debt Collectors. This research was conducted in Kendari City, precisely at PT. Adira Dinamika Multifinance, Kendari City Branch, using the type of research, namely empirical normative. The data collection methods used were document studies, field surveys and interviews using qualitative descriptive analysis. Based on the results of the study, it can be seen: 1). The causative factors for criminal acts (threats, theft and confiscation) against the forced withdrawal of fiduciary collateral by a 3rd party (Debt Collector) are the delay in payment by the consumer which is an agreement in the agreement clause between the company and the consumer so that the company authorizes the 3rd party (Debt Collector) to carry out the forced withdrawal of the collateral. 2). Efforts to minimize criminal acts (threats, theft, and confiscation) in the forced withdrawal of fiduciary collateral by a 3rd party (Debt Collector) are by providing policies based on good faith and providing Rescheduling from the company. These steps are policies outside the agreement clause between the company and the consumer as a way to ease the burden (payment) of fiduciary collateral.