Legal Status Reconstruction of Collected Goods With Fiduciaries Seized by the State on the Value of Justice

Abstract

In Indonesia, there is a regulation on confiscation of confiscated goods which does not provide any objection from the owner of the confiscated goods for the state. This condition is also experienced by recipients of fiduciary guarantees who are disadvantaged because fiduciary objects are confiscated for the state based on court decisions in forestry crimes, mineral and coal crimes and oil and gas crimes. The research method used is social legal research, using the constructivism paradigm. The approach method used is the concept approach, social legal research approach and comparative approach. This research uses primary data and secondary data. Data obtained by interview, observation, and literature study. The data collected was analyzed qualitatively. The results of the study found that the regulation on the legal status of goods guaranteed by fiduciaries that were confiscated by the state was not based on justice, because in these arrangements there were no objections that could be submitted by recipients of fiduciary guarantees or third parties who had good faith against fiduciary objects that were seized by the court. In addition, in Law Number 42 of 1999 concerning Fiduciary Guarantees, it is stated that the responsibility of the fiduciary giver to the fiduciary guarantee object is to continue to follow the fiduciary guarantee object, and the fiduciary recipient is not liable for the consequences of the actions or omissions of the Fiduciary Giver, whether arising from contractual relations or arising from unlawful acts in connection with the use and transfer of objects that are the object of Fiduciary Guarantees.