The purpose of this research is to analyze and find weaknesses in the regulation of criminal sanctions for embezzlement of fiduciary guarantees in the Indonesian legal system and how to reconstruct the law based on Pancasila justice value. This study uses a constructivist paradigm with a sociological juridical approach to solving research problems by examining secondary data and primary data by finding legal realities experienced in the field as well as qualitative descriptive methods, namely where the data obtained is then arranged systematically so that a comprehensive picture will be obtained. where later the data will be presented descriptively. Based on the research, it was found that the Weaknesses in the regulation of criminal sanctions for embezzlement of fiduciary guarantees in the Indonesian legal system consist of; First, the legal structure factor includes fiduciary institutions that do not register fiduciary guarantees. Police investigators encountered several obstacles in uncovering criminal acts of embezzlement of fiduciary collateral. Courts, where judges apply the fiduciary embezzlement article, are often wrong and neglect the principle of lex specialis derogat legi generali. The two factors of legal substance, namely the criminal sanctions contained in Article 36 of Law No. 42 of 1999, are lighter than the provisions of Article 327 of the Criminal Code. This provision is a lex specialist, but the criminal sanction is even lighter than the provisions of Article 372 of the Criminal Code. The three legal cultures, the crime of embezzlement which is a crime that starts with the existence of a belief in another person, and that trust is lost because of a lack of honesty. Therefore, The legal reconstruction of the Fiduciary Guarantee Law, namely Article 36, is that it changed to punishable by imprisonment for a maximum of 5 (five) years and compensation for a maximum of Rp. 1,000,000,000.