Manuscript Title:

LEGAL RECONSTRUCTION OF POLICE AUTHORITY IN SECURING THE EXECUTION OF FIDUCIARY GUARANTEES

Author:

ALFARIS PATTIWAEL, ACHMAD BUSRO, YUNANTO

DOI Number:

DOI:10.5281/zenodo.10203104

Published : 2023-11-23

About the author(s)

1. ALFARIS PATTIWAEL - Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
2. ACHMAD BUSRO - Lecturer in Doctoral Law Program, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
3. YUNANTO - Lecturer in Doctoral Law Program, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.

Full Text : PDF

Abstract

This study aims to review; 1) What is the role of the police in the implementation of securing the execution of fiduciary guarantee objects according to the Regulation of the Chief of Police Number 8 of 2011 concerning securing the execution of fiduciary guarantees?; 2) What are the obstacles faced by the police in carrying out their role as a safeguard for the execution of fiduciary guarantees?; 3) What is the legal reconstruction of police authority in securing the execution of fiduciary guarantees?. The research method used is normative juridical research, which is research focused on examining the application of rules or norms in positive law. The results showed that; 1) An application to secure the execution of fiduciary guarantees to the Police can be made if the execution of fiduciary guarantees to be carried out is considered to endanger the parties to the fiduciary guarantee agreement. 2) Obstacles faced by the Police in carrying out their role as a safeguard for the execution of fiduciary guarantees based on legal components include: Structural, Substance, and Legal Culture. 3) Legal Reconstruction of Police Authority referred to in the Regulation of the Chief of Police Number 9 of 2011 concerning Securing the Execution of Fiduciary Guarantees. In Securing the Execution of Fiduciary Guarantees, the role of the police is only limited to: Implementation of the execution of Fiduciary guarantees in a safe, orderly, smooth, and accountable manner; Protecting the safety and security of the Fiduciary Guarantee Recipient, Fiduciary Guarantor, and/or the Public from actions that may cause property loss and/or life safety. While the withdrawal itself remains the responsibility of the Creditor. Then the Financial Services Authority began to hold regulations on procedures for withdrawing collateral objects.


Keywords

Reconstruction, Law, Authority, Police, Security, Execution, Assurance, Fiduciary.