Criminal Liability of Debtors Who Are Co-Defendants in Judgment No. 18/Pid.B/2023/Pn.Cbn

Abstract

Criminal liability involves imposing penalties on those who have violated prohibitions. This is the case in matters involving fiduciary security, as outlined in Judgment No. 18/Pid.B/2023/PN.Cbn, where the perpetrator—the debtor—transferred the subject of the fiduciary security without the prior written consent of the creditor. In that decision, the perpetrator was not only the sole defendant but also an accomplice. This study employs a normative legal research method, which examines legislation, legal principles, norms, and court decisions that have attained final and binding legal force. The data sources used are secondary sources, comprising primary legal materials, secondary legal materials, and tertiary legal materials. The research findings indicate that the actions committed by the defendant constitute a criminal offense because they involved transferring the object of the fiduciary security without prior written notification to PT JTrust Olympindo Multi Finance. This practice violates Article 36 of the Fiduciary Law, which prohibits the grantor of a fiduciary from transferring, pledging, or leasing the property serving as the subject of the fiduciary security, punishable by imprisonment for a maximum of two years and a fine of up to fifty million rupiah. Furthermore, the defendant’s actions, committed jointly, violate Article 55(1)(1) of the Criminal Code, which holds liable those who commit, order the commission of, or participate in such acts. So the perpetrator in that ruling was a dealer, and Rian should have been identified as an instigator in that ruling.