Irwan Kusuma, Dr. Bambang Waluyo
Abstract: Fiduciary is a collateral institution for movable objects, which is different from a pawning institution because control of the collateral object remains in the hands of the debtor. Prior to the promulgation of the Law on Fiduciary Security, the existence of fiduciary practices in Indonesia was based on the jurisprudence of the Bier Broumerij Arrest decision, where the judge for the first time ratified the existence of such a guarantee mechanism. This study aims to discuss the application of fiduciary guarantees in accordance with applicable statutory provisions as well as ways to improve the function and role of the fiduciary guarantee institution through the application of criminal law against perpetrators of violations of the fiduciary guarantee law. This research is a normative juridical study, using a statute approach. The conclusion is that with the issuance of the law on Fiduciary Security, the application of fiduciary guarantees can be said to have been more secure and more strictly regulated in accordance with the provisions of the applicable laws. Then it has been explained previously that in order to help improve the function and role of the fiducia guarantee institution through the application of criminal law against perpetrators of violations of the fiduciary guarantee law, it is necessary to reform the law, increase the activity of the sanctioning institution, and require socialization of what actions will be considered as fiduciary crime, in order to help improve the function and role of the fiduciary guarantee institution in enforcing the law and reducing criminal acts in fiduciary activities.
Keywords: Fiduciary, Crime, Guarantee