PENYIDIKAN TINDAK PIDANA PENGGELAPAN BARANG JAMINAN FIDUSIA DI WILAYAH HUKUM POLRESTA PEKANBARU

Abstract

The crime of embezzlement of fiduciary collateral often occurs in
Indonesia, especially the city of Pekanbaru. Meanwhile, fiduciary guarantees as a
form of engagement regulated in Law Number 42 of 1999 concerning Fiduciary
Guarantees are routine activities in lending transactions because the loading
process is considered simple, easy and fast. Fiduciary is the transfer of ownership
rights to an object on the basis of trust provided that the object whose ownership
rights are transferred remains in the control of the owner of the object. The rise of
embezzlement crimes against fiduciary guarantees cannot be separated from the
role of law enforcement, including at the level of the investigation process. The
main problem in this study is the lack of security for creditors who pledge their
valuables to debtors. In this study, the authors wanted to know how the
investigation process was carried out by the Pekanbaru Police and wanted to find
out what obstacles occurred in the investigation process against the crime of
embezzlement of fiduciary guarantees in the city of Pekanbaru.
This type of research can be classified in the type of Sociological research
because in this study the author directly conducts research at the location or
place under study in order to provide a complete and clear picture of the problem
being studied. This research is sourced from primary data, secondary data and
tertiary data, while the population and sample are the Pekanbaru Police
investigators who handle cases of embezzlement of fiduciary guarantees in the
Pekanbaru Police jurisdiction.
The results of the study indicate that in terms of the investigation process,
it turns out that the Pekanbaru Police are not optimal in carrying out law
enforcement as evidenced by the 20 cases that have been submitted from 2018 to
2022, only 5 cases have been sentenced to court while 15 cases have been
investigated, this is due to the investigation process. What is done tends to charge
the reporter to prove his report without any effort or the role of law enforcement
is passive while in criminal law the investigator has the authority to actively
prove a criminal act.

Keywords: Crime – Embezzlement – Fiduciary