Analisis Kedudukan Debitur dan Pemberi Fidusia Pada Tindak Pidana Menggadaikan Objek Jaminan Fidusia dan Implikasinya Terhadap Para Pihak (Studi Putusan Nomor 130/Pid.Sus/2023/PN Skb jo. Putusan Nomor 2319 K/Pid.Sus/2024)
Faizah Nur Fahmida, Dr. Taufiq El Rahman, S.H., M.Hum.
2026 | Tesis | S2 Magister Kenotariatan
This study aims to analyze the conformity of the application of legal norms by judges in determining the legal position of the Debtor and the Fiduciary Grantor in the criminal act of pledging a Fiduciary Collateral object committed by the Debtor, as well as to examine the implications of the criminal decision for the parties involved. This research is a normative legal study and normative approach is used to assess the conformity of legal application between the decision of the Sukabumi District Court and the decision of the Supreme Court. This research is descriptive and using primary, secondary, and tertiary data. The study employs qualitative data analysis derived from literature review and interviews with resource persons. The results of the study indicate that the Sukabumi District Court misinterpreted the element of “Fiduciary Grantor” and acquitted the Defendant (Debtor). The Supreme Court subsequently affirmed that the Defendant may still be held criminally liable for pledging the Fiduciary Collateral object without the written consent of the Fiduciary Recipient in accordance with Article 36 in conjunction with Article 23 paragraph (2) of the Fiduciary Law, even though the Defendant was not formally the Fiduciary Grantor. The object constituted joint property of the Debtor and the Fiduciary Grantor; therefore, control over it is deemed equivalent pursuant to Articles 35 and 36 of the Marriage Law. The Supreme Court’s decision provides legal certainty for both the Fiduciary Recipient and the Fiduciary Grantor, and emphasizes that the law must be interpreted contextually.
Kata Kunci : Tindak Pidana Fidusia, Gadai Jaminan Fidusia, Pemberi Fidusia.