PENEGAKAN HUKUM TERHADAP DEBT COLLECTOR YANG MELAKUKAN TINDAK PIDANA DALAM PENARIKAN BARANG ATAU BENDA JAMINAN FIDUSIA DI POLSEK TAMPAN KOTA PEKANBARU

Abstract

Law enforcement can be interpreted as an effort to implement the law as it should, supervise
the implementation of the law so that there is no violation if there is a violation so there are other
efforts to restore the violated law to be re-enforced. Law enforcement against debt collectors who
commit criminal acts in the withdrawal of fiduciary objects can be done through a legal mechanism,
where the debtor feels disadvantaged to be able to report a criminal act committed by a debt collector
to hold accountable.
As for the formulation of the problem in this study is how law enforcement against debt
collectors who commit criminal acts in the withdrawal of goods or objects fiduciary collateral and
constraints in the debt collector law enforcement who commit a crime in the withdrawal of goods or
fiduciary collateral.
The research method used in this case is sociological juridical by direct field survey to obtain
primary data, where this study looks at the continuity between law and society, while the nature of this
research is descriptive, namely describing the problems to be studied.
Based on the results of the study, it can be seen that law enforcement against debt collectors
who commit criminal acts in the withdrawal of goods or fiduciary collateral objects in the Tampbaru
Pekan Polsek is that the community as a debtor can report any form of crime committed by the debt
collector on the police if the debt collector acts debt collection raises losses to the debtor, while
criminal acts that can occur include article 369, article 378, article 335 of criminal law, acts of the
debtor who are not cooperative in dealing with debt collectors in general are the cause of these
problems so that reports on actions a criminal offense that is detrimental to the debtor who must
surrender the motorized vehicle unit that is used as collateral for the fiduciary and the debtor is
unable to avoid the obligation.
Constraints in law enforcement against debt collectors who commit criminal acts in the
withdrawal of goods or fiduciary collateral objects can be legal factors where the existence of debt
collectors are not specifically regulated in legislation, making debt collector actions difficult to
process legally, law enforcement factors or police officers who are weak in responding to criminal
acts reported by disadvantaged debtors and community factors which are the most dominant factors in
inhibiting law enforcement against debt collectors because debtors are negligent in fulfilling their
achievements in general the community does not know how to do default and avoid collecting debt by
debt collectors.
Keywords: Law Enforcement-Debt Collector - Fiduciary Guarantee