Perlindungan Hukum terhadap PT Pegadaian Unit Pelayanan Cabang Katamso Medan Atas Penerimaan Barang Jaminan Perhiasan Emas dengan Perjanjian Kredit Gadai yang Ternyata Berasal dari Barang Hasil Tindak Pidana Pencurian (Studi Putusan Pengadilan Negeri Medan Nomor 689/PID.B/2022/PN MDN)

Abstract

In the Medan District Court Decision Number 689/Pid.B/2022/PN Mdn, the pawned object was returned to the rightful owner. This study aims to determine the legal formulation in the regulation of PT Pegadaian, Katamso Medan Branch Service Unit regarding the acceptance of gold jewelry collateral based on a pawning credit agreement that turned out to be proceeds of the crime of theft; the legal protection provided to PT Pegadaian, Katamso Medan Branch Service Unit in such cases; and the application of secured transaction law in the considerations and ruling of the judges in the Medan District Court Decision Number 689/Pid.B/2022/PN Mdn. This is a normative legal research supported by empirical data. It is prescriptive in nature. The data consists of secondary materials, including primary, secondary, and tertiary legal sources, collected through literature study and interviews. The data were analyzed using qualitative analysis methods. The research findings show that the legal formulation at PT Pegadaian aligns with the Theory of Legal Objectives, namely legal justice, legal utility, legal certainty. The legal protection received by PT Pegadaian Katamso Medan Service Unit is divided into two types: preventive legal protection, which includes implementing the Know Your Customer (KYC) principle according to existing SOPs, they are obliged to conduct brief interviews with prospective customers by asking for identity and ownership of the collateral items; and the application of secured transaction law in the judges' considerations and decisions, which only pertains to the pawned object and the mutually agreed pawning contract. In the pawn agreement, the principal agreement is the loan agreement, while the right of pledge is considered an accessory agreement.