Criminal Liability for Misuse of Material Collateral Objects in Indonesia

DOI

10.2991/978-2-38476-519-5_20How to use a DOI?

Keywords

material guarantee; fiduciary; abuse; criminal law; creditor protection; corporate liability

Abstract

This study analyzes the misuse of the object of material security in the Indonesian legal system, especially in relation to criminal and civil law. Collateral instruments such as fiduciaries, mortgages, mortgages, and dependents have an important role in ensuring the repayment of debtors’ debts. However, in practice, there are often irregularities, such as the transfer of the collateral object without permission or the non-registration of collateral legally. Law enforcement against these violations is often hampered by the absence of special criminal rules, difficulties in proving malicious intent, and overlapping regulations. This research uses normative juridical methods with conceptual and doctrinal approaches, and analyzes criminal law principles such as the principles of legality, lex certa, and subsidiarity. Key findings demonstrate the urgency of comprehensive criminal law reform to create a bail system that is fair, effective, and protects all parties including small debtors. In addition, criminal liability against corporations is also an important spotlight in the context of misuse of collateral objects. The implications of this research lead to the need to synchronize regulations between sectors and strengthen the criminal proof system in civil cases. This research contributes to the formulation of policies that are more in favor of the balance between legal protection of creditors and justice for debtors.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Ali Jabbar
AU  - Jamal Wiwoho
AU  - Anita Zulfiani
PY  - 2025
DA  - 2025/12/29
TI  - Criminal Liability for Misuse of Material Collateral Objects in Indonesia
BT  - Proceedings of the 3rd International Conference on Law, Economics & good Governance (ICLAW 2025)
PB  - Atlantis Press
SP  - 252
EP  - 264
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-519-5_20
DO  - 10.2991/978-2-38476-519-5_20
ID  - Jabbar2025
ER  -