Analisis Pertanggungjawaban Pidana Debt Collector Terhadap Penarikan Paksa Kendaraan Debitur yang Menunggak Kredit Bulanan

This study aims to determine the criminal liability of debt collectors who make forced withdrawals of debtor vehicles that are in arrears on monthly installments and to find out the actions taken by debt collectors that can be qualified as criminal acts. The research method used is normative legal research that is guided by positive law from legal aspects, legal principles, namely research through the study of legal materials related to the problems studied using library research methods. Collecting legal materials needed in this study, the authors use techniques of collecting legal materials through document or library research, namely by conducting research with various reading sources such as legal books, legislation related to research, reading the results of the study. results of scientific research, reading scientific journals, reading legal articles and also internet news. Furthermore, the legal material obtained is reviewed and studied or studied and then clarified according to the main legal issues discussed in this study. The results show that the basis for vehicle withdrawal or vehicle execution in Law Number 42 of 1999 concerning Fiduciary Guarantees is specifically regulated in Article 29 of Law Number 42 of 1999 concerning Fiduciary Security which can be carried out if the debtor or fiduciary giver is injured and fulfills the agreement between fiduciary giver and fiduciary recipient. The criminal liability of debt collectors for the forced withdrawal of debtors' vehicles that are in arrears on monthly credit by forcibly seizing, with the intention of benefiting oneself or others, using threats and violence, can be unlawfully subject to Article 368 of the Criminal Code. Keywords: Debt Collector Criminal Liability, Forced Withdraw