Perjanjian Jaminan Fidusia Kaitan dengan Penyidikan Tindak Pidana Perlindungan Konsumen

Abstract

Investigation of criminal offenses relating to consumer protection fiduciary agreement gives the sense that an agreement is a legal act in the field of civil have a criminal aspect. Criminal aspect related to fiduciary agreement written in Article 62 of Law No. 8 of 1999 on the Protection kosumen, particularly Article 18, concerning the provision of standard clauses. Other criminal aspect is as written in Article 35 and Article 36 of Law No. 42 of 1999 on Fiduciary. Consumer Dispute Settlement Board (BPSK) as an institution born of the Act on Consumer Protection has the duty and authority, one of which is to supervise the inclusion of standard clauses and reported to investigators the public in case of violation of the provisions of this Act (Act Protection Consumer). This study is a normative legal research, descriptive eksplanitif aims to illustrate, disclose and clarify the criminal investigation is not consumer protection with consumer security agreement. Analyses were performed using juridical approach is then performed vertical and horizontal synchronization of the statute of interrelated to see a harmonization and certainty in the legal system. To further refine the results of research conducted also analysis of the effectiveness of the case. The results of the study provides an overview of that Act Fiduciary has the issue of Article 15 concerning the procedures of execution as opposed to HIR / RBg. Likewise, the Article 54 paragraph (3) and Article 56 paragraph (2) of the Consumer Protection Act there is a lack of consistency in the application and implementation. To the treaty that contains a standard clause, entrepreneurs and / or managers can be criminalized, in accordance with Article 18 in conjunction with Article 62 of the Consumer Protection Act. Suggested to the Government and Parliament of the Republic of Indonesia to revise those chapters in order to create legal certainty for all parties.