fiduciary law part 1
law thesis
Against Crime LEGAL ANALYSIS OF THE TRANSFER OF OBJECT Fiduciary VIEWED FROM LAW NUMBER 42 OF 1999 ON THE LAW Fiduciary security
By:
name
NPM
For a review Meet One Of Terms To Acquire Exam
Bachelor of Law Department of Law
It has been approved by Tim Tester ON Date as stated in the Lower Singer
Medan, 2014 ............................
Approved by,
(Prof. Dr. Hj. Mariam Darus Badrulzaman, SH)
Chairman STIH Graha Kirana
(Karolina Sitepu, SH, MH)
preceptor
HIGH SCHOOL SCIENCE LAW (STIH)
GRAHA KIRANA
FIELD
2014
By:
name
NPM
For a review Meet One Of Terms To Acquire Exam
Bachelor of Law Department of Law
It has been approved by Tim Tester ON Date as stated in the Lower Singer
Medan, 2014 ............................
Approved by,
(Prof. Dr. Hj. Mariam Darus Badrulzaman, SH)
Chairman STIH Graha Kirana
(Karolina Sitepu, SH, MH)
preceptor
HIGH SCHOOL SCIENCE LAW (STIH)
GRAHA KIRANA
FIELD
2014
PART I
PRELIMINARY
A. BACKGROUND
Every business that requires a credit facility, required it must be assured in the implementation. For the lender or creditor, the credit will typically be implemented if there is a guarantee of the provision of credit in advance, even though the guarantee is not an absolute requirement. This is done because the credit has been given the risk, so in actual use, the lender must pay attention to the principles of a healthy credit. This is in accordance with the provisions of Article 8 (1) of Law No. 10 of 1998 "Credit or financing based on Syariah principle granted by the bank to risk, so that the bank should pay attention on the implementation of credit based on Sharia Principles healthy."
Reduce the risk of tersebur, required collateral lending within the meaning of confidence in the capability and capacity of the Customer Debtor's obligations under the agreement is an important factor that must be considered by the bank. To obtain this conviction, before providing credit, the bank must conduct a diligent study of character, capacity, capital, collateral and business projects of the Customer Debtor.
Law of the Republic of Indonesia Number 42 Year 1999 Year Fiduciary apply to any treaty which aims to overload the object with Fiduciary, especially for Financing Institutions (Leasing). The imposition of fiduciary also has a criminal aspect. One criminal offense related to the implementation of the implementation of the fiduciary is the transfer of fiduciary abjek by an unauthorized party.
Object fiduciary are goods that are socially can support the smooth running of a business / company.
Law Fiduciary explain some objects that can be used as the object of fiduciary, which will be spread over several chapters, among other provisions are Article 1 paragraph (4), Article 9, Article 10 and Article 20. The objects of the fiduciary object is:
1. The item must be able to choose and transferred legally
2. Can on tangible objects.
3. Can also on intangible, including accounts receivable
4. Can move
5. The object did not move that can not be tied to the Encumbrance
6. Bendfa not move that can not be attributed to mortgages
7. Good on objects that already exist or the object to be obtained later. In this case the object to be obtained later, do not need a separate fiduciary deed loading.
8. Can on a unit or type of object
9. Can also up more than sutu unit types or objects
10. Including results objects that have become the object of fiduciary
11. It also includes the results from objects that have become the object of fiduciary.
12. Benda stock (inventory, stock perdangangan) can also be the object of a fiduciary.
PRELIMINARY
A. BACKGROUND
Every business that requires a credit facility, required it must be assured in the implementation. For the lender or creditor, the credit will typically be implemented if there is a guarantee of the provision of credit in advance, even though the guarantee is not an absolute requirement. This is done because the credit has been given the risk, so in actual use, the lender must pay attention to the principles of a healthy credit. This is in accordance with the provisions of Article 8 (1) of Law No. 10 of 1998 "Credit or financing based on Syariah principle granted by the bank to risk, so that the bank should pay attention on the implementation of credit based on Sharia Principles healthy."
Reduce the risk of tersebur, required collateral lending within the meaning of confidence in the capability and capacity of the Customer Debtor's obligations under the agreement is an important factor that must be considered by the bank. To obtain this conviction, before providing credit, the bank must conduct a diligent study of character, capacity, capital, collateral and business projects of the Customer Debtor.
Law of the Republic of Indonesia Number 42 Year 1999 Year Fiduciary apply to any treaty which aims to overload the object with Fiduciary, especially for Financing Institutions (Leasing). The imposition of fiduciary also has a criminal aspect. One criminal offense related to the implementation of the implementation of the fiduciary is the transfer of fiduciary abjek by an unauthorized party.
Object fiduciary are goods that are socially can support the smooth running of a business / company.
Law Fiduciary explain some objects that can be used as the object of fiduciary, which will be spread over several chapters, among other provisions are Article 1 paragraph (4), Article 9, Article 10 and Article 20. The objects of the fiduciary object is:
1. The item must be able to choose and transferred legally
2. Can on tangible objects.
3. Can also on intangible, including accounts receivable
4. Can move
5. The object did not move that can not be tied to the Encumbrance
6. Bendfa not move that can not be attributed to mortgages
7. Good on objects that already exist or the object to be obtained later. In this case the object to be obtained later, do not need a separate fiduciary deed loading.
8. Can on a unit or type of object
9. Can also up more than sutu unit types or objects
10. Including results objects that have become the object of fiduciary
11. It also includes the results from objects that have become the object of fiduciary.
12. Benda stock (inventory, stock perdangangan) can also be the object of a fiduciary.
The criminal act is only an diancamnya refers to prohibited acts with a criminal, then if the person doing the act was also sentenced as threatened will depend largely on whether in doing deeds that the offender also has a fault.Most formulation of criminal offenses set element of intent or called by opzet is one of the most important elements. In connection with these controls or intentional element encompasses all other elements are placed behind and must be proven.Deliberately means also that the wills are realizing that ditinjukan to commit certain crimes. So with regard to proof that the act of doing it was done intentionally, contained pengrtian wants and knows or commonly referred to Willens en wetens. Is meant here is someone who commits an act willfully it must meet the formula Willens or must want what he did and meet the elements wettens or should know the consequences of what he did.Associated with the theory formulated by the will of van toelicting Criminal memory in general should be imposed only on goods who commit prohibited acts, with a desired and known.If the element of the will or wills and knows in relation to the element of intent can not be proven by clear materially because the intention and will of a person it is difficult to prove materially the proof of a deliberate intention on the perpetrators commit acts of violating the law so that actions can be accounted for to the offender often only associated with the state and the actions the offender at the time he was doing his alleged unlawful it. According to the theory of the will, intent is the will directed at realization of actions as formulated in the wet (law), while according to others, the deliberate is the will to do with mengetahi elements required under wet formulation.Intentional element above coupled with an element called as an element of negligence or omission or culpa that in criminal law doctrine called the omission an unconscious or onbewuste shuld and omissions realized or bewustu Schuld. Where in these elements is less cautious.Elements culpa or negligence, the element most important were the perpetrators have no awareness or knowledge of where the perpetrator could have imagined would be the consequences of his actions, or in other words that the offender can be assumed that as a result of the actions that will lead to a result that can be punished and banned by Constitution.Crime is "a name or stamp given person to judge certain acts as evil things." Thus, the offender is referred to as criminals. The definition comes from natural value, then it has a very relative sense, that depends on humans are on that assessment. Crime is a complex phenomenon that can be understood from many different sides. That is why in everyday life can catch a variety of comments about a crime scene different from one another.So what are called crimes by a person may not be recognized by others as a crime anyway. If for example all classes can accept a crime but it is the severity of the act is still causing disagreement. R.oesilo cited by Husein Syafrudin juridically distinguish sense and understanding of crime sociologically.In terms of the juridical, the notion of crime is an act of behavior which is contrary to the Act. In terms of sociological, then that is intended to crime is an act or behavior that in addition to harming the patient, is also very harmful to society in the form of loss of balance, peace and order.Based on the above background, the research entitled: "Legal Analysis Of Crime On Transfer of places Fiduciary Seen From Law No. 42 of 1999 on Fiduciary Law."Google Terjemahan untuk Busines.
B. Problem FormulationThe formulation of the problem in writing this study are as follows:a. How the legal provisions for banning the transfer of the object of fiduciary terms of Act No. 42 of 1999 on the Law of Fiduciary?b. How Elements of offense to object fiduciary?c. How the legal consequences of the transfer of the object of fiduciary?C. ObjectiveThe purpose of this study are as follows:1. To know ketetentuan criminal law on the transfer of fiduciary object in terms of the Act No. 42 19992. How Elements of offense to object fiduciary?3. How does the legal consequences of the transfer of fiduciary object?D. Benefits ResearchThe benefits of this research are as follows:a. theoretically would give sumbagih for science regarding the transfer of fiduciary object.b. In practical terms can be a reference for those who are directly
related to the act intentionally does not provide public informationE. Authenticity WritingThe
title authors chose was "LEGAL ANALYSIS OF CRIME TO THE TRANSFER OF
OBJECT fiduciary guarantee VIEWED FROM LAW NUMBER 42 OF 1999 ON THE LAW
fiduciary", proposed in order to meet syart to obtain the title of
"Bachelor of Laws". The title of this thesis has not been written in the Law Faculty Graha Kirana Medan. Writing is bedasarkan reference books, print media, and electronics. Therefore, this paper is an original work so that this paper can be accounted.F. MethodsThe research methods include:1. Nature / research materialThis research is normative. Normative research is research that is a troubleshooting procedure
diselediki to describe and draw up about systematically solving problems
contained in the transfer of fiduciary object.2. Data SourcesSources of data in this comes from secondary data obtained include:a. Primary legal materials are legislations, such as the Law No. 42 of 1999 on the fiduciary, Act No. 10 of 1998 and the Civil Code and the Criminal Code.b. Secondary legal materials in the form of books relating to the researchc. Tertiary legal materials such as dictionaries and dictionary Indonesian law3. Tool Data CollectorsData collection tool used in research by the author is through the study of documents (library research).4. Data AnalysisThe problems raised in this research will be discussed by breaking the sentence, so the analysis is the analysis kualitif.
CHAPTER IILITERATURE REVIEWA. Overview of CrimeCrime is the basic understanding of the criminal law (juridical normative). Van
Hammel formulate straafbaar feit is the behavior of those who
formulated in the wet, which is against the law, which should be
convicted and done with errors. Crime or evil deeds can be interpreted in juridical or criminological. Crime or evil deeds in a normative sense is the act as embodied in abstracto in criminal legislation. While in criminological are (human actions raped / violated norms of living in society as concrete).Requirements to allow for the imposition of criminal acts is their (human) that meets the offense in the Act. This is a logical consequence of the principle of legality as a principle of certainty.The
phrase "feit" itself in the Dutch language beartikan portion of a
revelation or een gedeelte van de werkelijkheid, while strafbaar feit
means can be punished, hinnga literally the words strafbaar feit it can
be translated as "the party of a reality that can be punished", which sebernya be punished it is a human as a person and not the fact, act or action.According
pompe, "strafbaar feit" theoretically can be defined as "a pelanngaran
norm (disturbance of the rule of law) that intentionally or not
intentionally committed by an offender, where the sentencing guaranteed
legal interest", for example, has been put forward by pompe a violation of norms as formulated in article 338 of the Law on criminal law.Professor van Hattum found an action that can be separated from those who have committed such acts. The word "elliptical" is an adjective that comes from the base, in the
Dutch language which, according to van de woestijne mepunyai notion as
"an act eliminating a portion of a sentence that did not exercise a need
to get a sense of the term.Simons provides a view of "strafbaar feit" as a "staafbaar feit" is
behavior (handeling) which is punishable by criminal, which is against
the law relating to the error and done by people who could be
responsible.It is expressed in terms of the subject of a proposition is:a. Fulfillment of all the elements of a proposition as contained in the formulation of the offense;b. Can be accounted for by an actor on perbuatanya;c. The act of the perpetrator must be committed intentionally or unintentionallyd. The perpetrator can be punishedGoogle Terjemahan untuk Bisnis:
In some offense we can find a formula called several terms, given that:a. That way committed a crime or the means used to commit the offense must meet certain conditions;b. That the subject or the object of a criminal not it should have certain properties;c. That the time and place to do a criminal offense shall be in accordance with the terms - certain conditions.Van
der Hoeven did not agree when it is said "strafbaar feit", it must be
translated by the words "acts that can be punished", and of article 10
of the book of the Law of criminal law can be concluded, that should be
penalized it is only human and not deeds ,Felony or a criminal is one deviant act that is always there and attached to each form of society. Excluded from the definition are perbuata real acts or attitudes not only from those who can be qualified as pelaku¹¹.Mr. Satochid mammal cited by PAF lamitang have expressed the opinion of
Van der Hoeven mentioned above, and a partial translation of strafbarr
feit, the deceased had menngunakan word of crime ".B. Criminal and other types of CriminalRegarding the criminal stesell Indonesia basically set out in Book I
Criminal Code in Chapter-2 of article 43, which then set out more about
certain things in some of the rules, namely:1. Reglemen prison (Stb 1917 No. 708), as amended by (LN 1948 No. 77)2. Ordonasi release beryarat (Stb 1917 No. 749)3. Reglemen education coercion (Stb 1917 No. 741).4. Law No.20 of 1946 concerning Criminal Cover.
In some offense we can find a formula called several terms, given that:a. That way committed a crime or the means used to commit the offense must meet certain conditions;b. That the subject or the object of a criminal not it should have certain properties;c. That the time and place to do a criminal offense shall be in accordance with the terms - certain conditions.Van
der Hoeven did not agree when it is said "strafbaar feit", it must be
translated by the words "acts that can be punished", and of article 10
of the book of the Law of criminal law can be concluded, that should be
penalized it is only human and not deeds ,Felony or a criminal is one deviant act that is always there and attached to each form of society. Excluded from the definition are perbuata real acts or attitudes not only from those who can be qualified as pelaku¹¹.Mr. Satochid mammal cited by PAF lamitang have expressed the opinion of
Van der Hoeven mentioned above, and a partial translation of strafbarr
feit, the deceased had menngunakan word of crime ".B. Criminal and other types of CriminalRegarding the criminal stesell Indonesia basically set out in Book I
Criminal Code in Chapter-2 of article 43, which then set out more about
certain things in some of the rules, namely:1. Reglemen prison (Stb 1917 No. 708), as amended by (LN 1948 No. 77)2. Ordonasi release beryarat (Stb 1917 No. 749)3. Reglemen education coercion (Stb 1917 No. 741).4. Law No.20 of 1946 concerning Criminal Cover.
In some offense we can find a formula called several terms, given that:a. That way committed a crime or the means used to commit the offense must meet certain conditions;b. That the subject or the object of a criminal not it should have certain properties;c. That the time and place to do a criminal offense shall be in accordance with the terms - certain conditions.Van
der Hoeven did not agree when it is said "strafbaar feit", it must be
translated by the words "acts that can be punished", and of article 10
of the book of the Law of criminal law can be concluded, that should be
penalized it is only human and not deeds ,Felony or a criminal is one deviant act that is always there and attached to each form of society. Excluded from the definition are perbuata real acts or attitudes not only from those who can be qualified as pelaku¹¹.Mr. Satochid mammal cited by PAF lamitang have expressed the opinion of
Van der Hoeven mentioned above, and a partial translation of strafbarr
feit, the deceased had menngunakan word of crime ".B. Criminal and other types of CriminalRegarding the criminal stesell Indonesia basically set out in Book I
Criminal Code in Chapter-2 of article 43, which then set out more about
certain things in some of the rules, namely:1. Reglemen prison (Stb 1917 No. 708), as amended by (LN 1948 No. 77)2. Ordonasi release beryarat (Stb 1917 No. 749)3. Reglemen education coercion (Stb 1917 No. 741).4. Law No.20 of 1946 concerning Criminal Cover.
In some offense we can find a formula called several terms, given that:a. That way committed a crime or the means used to commit the offense must meet certain conditions;b. That the subject or the object of a criminal not it should have certain properties;c. That the time and place to do a criminal offense shall be in accordance with the terms - certain conditions.Van
der Hoeven did not agree when it is said "strafbaar feit", it must be
translated by the words "acts that can be punished", and of article 10
of the book of the Law of criminal law can be concluded, that should be
penalized it is only human and not deeds ,Felony or a criminal is one deviant act that is always there and attached to each form of society. Excluded from the definition are perbuata real acts or attitudes not only from those who can be qualified as pelaku¹¹.Mr. Satochid mammal cited by PAF lamitang have expressed the opinion of
Van der Hoeven mentioned above, and a partial translation of strafbarr
feit, the deceased had menngunakan word of crime ".B. Criminal and other types of CriminalRegarding the criminal stesell Indonesia basically set out in Book I
Criminal Code in Chapter-2 of article 43, which then set out more about
certain things in some of the rules, namely:1. Reglemen prison (Stb 1917 No. 708), as amended by (LN 1948 No. 77)2. Ordonasi release beryarat (Stb 1917 No. 749)3. Reglemen education coercion (Stb 1917 No. 741).4. Law No.20 of 1946 concerning Criminal Cover.
In some offense we can find a formula called several terms, given that:a. That way committed a crime or the means used to commit the offense must meet certain conditions;b. That the subject or the object of a criminal not it should have certain properties;c. That the time and place to do a criminal offense shall be in accordance with the terms - certain conditions.Van der Hoeven did not agree when it is said "strafbaar feit", it must be translated by the words "acts that can be punished", and of article 10 of the book of the Law of criminal law can be concluded, that should be penalized it is only human and not deeds ,Felony or a criminal is one deviant act that is always there and attached to each form of society. Excluded from the definition are perbuata real acts or attitudes not only from those who can be qualified as pelaku¹¹.Mr. Satochid mammal cited by PAF lamitang have expressed the opinion of Van der Hoeven mentioned above, and a partial translation of strafbarr feit, the deceased had menngunakan word of crime ".B. Criminal and other types of CriminalRegarding the criminal stesell Indonesia basically set out in Book I Criminal Code in Chapter-2 of article 43, which then set out more about certain things in some of the rules, namely:1. Reglemen prison (Stb 1917 No. 708), as amended by (LN 1948 No. 77)2. Ordonasi release beryarat (Stb 1917 No. 749)3. Reglemen education coercion (Stb 1917 No. 741).4. Law No.20 of 1946 concerning Criminal Cover.
Criminal Code as a parent or primary source of criminal law has been detailing the types of crime, as defined in Article 10 of the Criminal Code. According stelsel Penal Code, criminal dibedahkan into 2 groups, the criminal subject to additional criminal.
Capital punishment is composed of:1. Criminal dead2. imprisonmentImprisonment is one type of criminal sanctions are most often used as a means to address the problem of crime. The use of imprisonment as a means to punish the perpetrators began in
the late 18th century which is based on the ideology of individualism
and humanism movement.3. Criminal confinement.4. Fines5. Criminal coverAdditional penalty consisting of:1. Criminal pencabutaan certain rights.2. Criminal deprivation of certain goods3. Announcements Decisions Criminal Justice. Under
article 69 of Criminal Code, for criminal subject to criminal yabg
ringanya weight are not similar is based on sequence-urutanya in the
formulation of article 10 of the criminal stelsel Indonesia under the
penal law, classifying the types of criminal punishment into principal
and additional penalty. The difference between the types of crime subject to additional criminal types are:1. The imposition of one of the principal types of crime are
imperative (imperative), while its optional additional criminal
punishment.If
in the trial, the offenses charged by the public prosecutor by the
judge has been proven legally and convincingly, then the judge must
impose a staple of criminal types, according to the type and maximum
limits in particular threatened the criminal offense in question. Dropping one of the principal criminal, according to which threatened
the exercise a proven criminal offense is mandatory, meaning imperative.The
nature of the imperative is actually already contained in any
formulation of crime, where the formulation of the problem of crime or
offense there are only two possibilities, are (a) the first diacamkan
one type of criminal principal only (meaning the judge can not impose
the type of criminal staple others), (b) second,
an offense which is punishable by two or more kinds of basic criminal,
where nature is an alternative, which means the judge must choose one
course (for example: Article 362, Article 364 and Article 340 and
others). As for dropping the type of additional penalty is not a necessity (facultative).If,
according to the judge, for a crime or offense punishable by one type
of criminal ytambahan (such as Article 242 paragraph 4 are punishable by
addition: the revocation of certain rights as mentioned in Article 35
of the Criminal Code) were indicted prosecutors. The public prosecutor has been proven, the judge may impose, and may also not deciding for them.Although the basic principle that the imposition of additional
criminal genius bersifa facultative, but there are also some
perkecualinya, where the imposition of additional criminal became the
imperative nature, for example, contained in Article 250 bis, 261 and
267.2. Imposition of criminal types with demekian principal should not
impose additional criminal type (stand-alone), but impose additional
criminal types should not be without the principal convict.True
to its name (additional penalty), then penjatuahan type of additional
penalty could not be independent and separated from the criminal staple,
but can only be imposed by the judge, if within a putusanya it has
dropped one of the types of criminal principal in accordance with the
threatened criminal acts in question , That
is the type of additional penalty can not be imposed themselves
individually with the principal criminal types, but must be shared with
the principal criminal types.
0 comments: