Proceedings of International Conference of Social Science, ICOSS 2018, Denpasar, Indonesia

Research Article

The Effect of the Still Assurance on the Assurance Charge

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  • @INPROCEEDINGS{10.4108/eai.21-9-2018.2281157,
        author={I Nyoman Srimurti},
        title={The Effect of the Still Assurance on the Assurance Charge},
        proceedings={Proceedings of International Conference of Social Science, ICOSS 2018, Denpasar, Indonesia},
        publisher={EAI},
        proceedings_a={ICOSS},
        year={2019},
        month={1},
        keywords={debtor divert fiduciary mortgage rights},
        doi={10.4108/eai.21-9-2018.2281157}
    }
    
  • I Nyoman Srimurti
    Year: 2019
    The Effect of the Still Assurance on the Assurance Charge
    ICOSS
    EAI
    DOI: 10.4108/eai.21-9-2018.2281157
I Nyoman Srimurti1,*
  • 1: Universitas Warmadewa
*Contact email: nyomansrimurti@gmail.com

Abstract

This study highlights the condition whether or not the debtor who transfers the guarantee that is still charged with mortgage rights can be prosecuted; it also deals with revealing the alternative solutions to avoid punishment. It makes use of empirical legal research design. The theory used to examine the issue is the legal certainty theory and scanning theory. The findings indicate that debtors who transfer control over the collateral that is imposed unilaterally could be convicted for fulfilling the provisions of embezzlement based on article 372 of the Criminal Code. The alternative way to solve this criminal act was a deliberation to reach an agreement. The conclusions of this study are that debtors who have broken promises and do not have good intentions to transfer control over collateral objects that have been burdened with mortgage rights can be convicted under the provisions of Article 372 of the Indonesian Criminal Code concerning embezzlement