因信得过安全客体退出而引起的信得过安全客体的执法问题

Q2 Social Sciences
A. Kusumah, Aryani Witasari
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引用次数: 2

摘要

本研究的目的是:了解和分析宪法法院第18 / PUU-XVII / 2019号判决后针对受托保证对象的执法。了解和分析信义担保对象在执法过程中遇到的障碍。在本研究中,使用的研究方法是社会学法学方法。本研究采用的研究规范是描述性分析。根据研究结果,在宪法法院第18 / PUU-XVII / 2019号判决之后,对信义保障对象的执法是预防性的,包括:宣读权利和义务并签署各方的签名,在法律和人权部登记信义保障,保险单位和当事人,在获得信义保障物品之前进行3次警告。已经实施的镇压包括行政执法、刑事执法和民事执法。信义担保对象执法中出现的制约因素及解决方法是证据不足,解决方法是寻找证据;未发现附带物的,需要进一步调查;犯罪嫌疑人不在场、逃跑、无固定居住地或身份不明,解决办法是进行进一步调查。针对上述事实,信托担保法有必要进一步向公众社会化。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Law Enforcement on Fiducian Security Objects Due to Withdrawal of Fiducia Security Objects
The objectives of this study are: Knowing and analyzing Law Enforcement against Fiduciary Guarantee Objects Post-Constitutional Court Decision Number 18 / PUU-XVII / 2019. Knowing and analyzing the obstacles that occur in law enforcement on the object of fiduciary security. In this research, the approach method used is the sociological juridical approach. The research specification used in this research is descriptive analysis. Based on the research, it is concluded that law enforcement on the object of fiduciary guarantee after the Constitutional Court Decision Number 18 / PUU-XVII / 2019 is preventive that has been carried out including: reading of rights and obligations and signing signatures by each party, registration of Fiduciary Security at the Ministry of Law and Human Rights, insuring units and parties, and give warning 3 (three) times before securing Fiduciary Security goods. The repressions that have been carried out include administrative law enforcement, criminal law enforcement and civil law enforcement. Constraints that Occur in Law Enforcement of the Object of the Fiduciary Guarantee and the solution is insufficient evidence, the solution is to look for such evidence; If the collateral object has not been found, the investigator needs to carry out further investigation; The suspect is not present, runs away, does not have a permanent place of residence or his identity is not clear, the solution is to carry out further investigations. Responding to the facts above, it is necessary that the Fiduciary Security Law be more socialized to the public,
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来源期刊
CiteScore
0.40
自引率
0.00%
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