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Batasan pertanggungjawaban pidana koperasi atas tidak berwenangnya debitur terhadap barang gadainya

[error in script] (2020) Batasan pertanggungjawaban pidana koperasi atas tidak berwenangnya debitur terhadap barang gadainya. Jurnal Cakrawala Hukum, 11 (2). pp. 166-176. ISSN ISSN P: 2356-4962 ; ISSN E: 2598-6538

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Abstract

In the practice of credit services distributed by cooperatives to members as well as to
the community, cooperatives typically require a special guarantee in the form of
movable objects (pawning) with the intention, if the debtor defaults on his credit, the
creditor can take repayment of the right of collection from the pledge object. In
practice it also turns out that often the debtor is not authorized to pledge mortgages
as collateral for loans to the pawnshop cooperative as the creditor. Debtor is not authorized for these pawns usually because the pawned item is a loan item (belong�ing to a third party), that is, the safekeeping item or even the pawning item is the
result of theft / confiscation / crime (obtained by illegal means) so that the coopera�tive that receives the item as collateral for credit, become involved in a legal prob�lem, namely criminal offense as referred to in Article 480 of the Criminal Code.
Whereas on the other hand there are weaknesses on the evidence of ownership of a
movable object which is the object of a pledge, that is as stipulated in article 1977 of
the Indonesian Civil Code which states “who controls the movable object is consid�ered to be the owner.” Cooperative criminal liability for the pledge that he receives
when the pawning goods provided by the debtor are obtained in an illegal manner.

Item Type: Article
Additional Information: Nama : Hatarto Pakpahan NIDN : 0717108902
Uncontrolled Keywords: Criminal Liability, Cooperatives, Pawn, Debtor
Divisions: Fakultas Hukum > S1 Hukum
Depositing User: Surya Dannie
Date Deposited: 15 Jun 2021 03:45
Last Modified: 15 Jun 2021 03:45
URI: https://eprints.unmer.ac.id/id/eprint/754

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