EFEKTIVITAS PENYELESAIAN PERKARA PINJAM NAMA (NOMINEE) DALAM PERJANJIAN JAMINAN FIDUSIA MELALUI JALUR PERADILAN PIDANA (STUDI PUTUSAN PERKARA NOMOR: 135/PID.SUS/2024/PN.KPN)

This study examines the effectiveness of criminal justice related to fiduciary guarantees as legal protection for fiduciary recipients in Indonesia, one type of fiduciary guarantee used in credit in Indonesia is material guarantees. Fiduciary guarantees arise on the basis of creditor trust in debtors, so this is often misused by several community groups to obtain financing credit which is done in various ways, for example borrowing a name (nominee). The regulation regarding UUJF is used to provide legal protection for creditors and debtors, but in practice there are still several things that make the legal objectives in the fiduciary guarantee law not achieved, such as in the provisions of criminal acts only mentioning imprisonment and fines for debtors who commit crimes against collateral, but not mentioning compensation to creditors. There are also inhibiting and supporting factors in this case, the obstacles that arise include the lack of public understanding of the importance of fiduciary guarantees and legal factors originating from the fiduciary guarantee law itself. The results of this study indicate that criminal justice in UUJF is not yet effective because the losses and collateral objects that have been lost are not returned to the creditor. Therefore, it is necessary to improve regulations related to fiduciary guarantees and increase socialization to the public who do not yet understand the impact of misuse of fiduciary guarantee objects. In this final assignment, the researcher discusses the process of resolving fiduciary crimes with the title "Effectiveness of Settlement of Name Borrowing Cases (Nominee) in Fiduciary Guarantee Agreements Through Criminal Justice (Study of Case Decision Number: 135/Pid.Sus/2024/PN.Kpn". The purpose of this study is to analyze and determine the process of resolving the submitted cases. In this study, the method used is the empirical legal method using secondary, primary, tertiary data with data processing techniques in the form of analysis and direct research results in the field.