KEBIJAKAN HUKUM PIDANA DALAM MENANGGULANGI TINDAK PIDANA JAMINAN FIDUSIA TERHADAP JAMINAN FIDUSIA YANG DIKUASAI PIHAK KETIGA

Nowadays, the society desperately needs a financing institution because the loan or credit conditions are easy to meet with the community, in contrast to the requirements of other financial institutions such as banks. The question in Law No. 42 of 1999, is not found a chapter that can ensnare a third party who controls the object of fiduciary guarantee, in a way that is not in accordance with the legal procedures set forth in this Criminal Act of fiduciary security. The purpose of research is to know the criminal law policy in tackling fiduciary fiduciary crime against fiduciary guarantee which is controlled by third party in the positive law at this time. The authors take a sample on the study of criminal cases transfer objects that become the object of fiduciary assurance conducted without prior written approval from the Fiduciary Receiver that is PT. ARMADA FINANCE Semarang. The result of the research indicates that the creditor can perform the fiduciary guarantee execution action that is the confiscation and sale of the object which become the object of fiduciary guarantee by way of executorial title or execution parate to the Fiduciary Guarantee object even though the Fiduciary Guarantee object is already in the third party's control.Keywords: Crime, Fiduciary Guarante