PERANAN KEPOLISIAN DALAM MENANGANI DEBT COLLECTOR DARI PERUSAHAAN LEASING YANG MELAKUKAN PEMERASAN TERHADAP NASABAH (STUDI KASUS DI POLRESTA PADANG)

Abstract

Extortion is regulated in Article 368 of the Criminal Code. The police have the authority to commit criminal acts based on Article 1 point 6 of the Law of the Republic of Indonesia Number 2 of 2002 concerning the police. Extortion of a customer's motorbike by a debt collector from a leasing company is contrary to the Constitutional Court's decision No.18/PUU-XVII/2019 because there must be a court ruling. The case of extortion of a customer's motorcycle by a debt collector is troubling the community. The formulation of the problem is: 1) What is the duty of the police in dealing with debt collectors from leasing companies who extort motorcycles belonging to customers? 2) What are the obstacles faced by the police in dealing with debt collectors from leasing companies who commit extortion? 3) Legal consequences and settlement of motorcycle extortion cases by debt collectors from leasing parties? This research used socio-legal approach. Base on the research show that 1) The role of the poslice in handling cases is to receive a complaint report submitted by a customer regarding a case. 2) Obstacles faced by the police are internal and external factors, besides that there are also constraints from financing companies. 3) Most cases of extortion with motorbikes by debt collectors are carried out in mediation, only a few of which proceed to court.