Analysis of Judge's Decisions Regarding Fraud Crimes in the City of Semarang (Study Decision Number 495/Pid.B/2021/PN Smg)

Muzaki Adi Nugroho, Eko Soponyono

Abstract


This article is entitled "Analysis of the Judge's Decision Concerning the Crime of Fraud in the City of Semarang" (Decision Study Number 495/Pid.B/2021/PN. Smg) with background Indonesia is a country that upholds the law. Realizing the goals of the Indonesian State is not as easy as turning the palm of your hand because there are many problems that must be faced, especially legal problems. Basically, law is something abstract, giving rise to different perceptions about the meaning of law depending on the angle from which they view it, especially law enforcement officials as parties who implement statutory regulations, causing errors to often occur in interpreting criminal acts, especially criminal cases. The problems in this research are: What is the analysis of the application of material criminal law to criminal acts of fraud in Decision Number 495/Pid.B/2021/PN Smg? How is the analysis of the judge's consideration in handing down a decision regarding the criminal act of fraud in Decision Number 495/Pid.B/2021/PN Smg, is it in accordance with formal criminal law and material law? This research aims toknow, study and analyze the application of material criminal law to criminal acts of internal fraudDecision Number 495/Pid.B/2021/PN Smg, as well as to find out, study and analyze the suitability between legal considerations inhanded down a decision regarding the criminal act of fraud in decision Number 495/Pid.B/ 2021/PN Smg with formal criminal law and material criminal law. This research uses a normative juridical approach, namely an approach that explains a statement that exists in the field based on legal principles, legal rules, or applicable legislation and is related to the problem being studied.with descriptive analysis specifications. Data was obtained using literature study and processing of Decision Documents. The data was then analyzed qualitatively. The results of this research are (1) Decision number: 495/Pid.B/2021/PN.SMG is in accordance with the criminal provisions in the Criminal Code, namely article 378 of the Criminal Code, namely the crime of Fraud and Law Number 8 of 1981 concerning The Criminal Procedure Law and other relevant laws and regulations and the Public Prosecutor's demands are in accordance with the alleged articles and the facts revealed at the trial. (2) The judge's decision has an inkracht decision (having permanent legal force), which has described carefully, clearly and completely both the identity of the defendant and the description of the actions committed by the defendant and is accompanied by the time and date of the action and the place of the action.

Keywords


Criminal; Decision; Fraud; Judge.

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References


Journals:

Eko Adi Susanto, "Criminal Liability for Using Fake Letters in View of Article 263 Paragraph (2) of the Criminal Code", Journal of Daulat Hukum, Vol 1 No 1 (2018);

Muhammad Dani Hamzah, "Law Enforcement in Cases of Criminal Traffic Accidents That Cause the Loss of People's Lives", Journal of Daulat Hukum, Vol 1 No 1 (2018);

Books:

Achmad Ali, 2008, Revealing the Veil of Law, Ghalia Indonesia, Bogor;

Achmad Sulchan, 2016, General Election Criminal Cases Worthy of Justice, SINT Publishing, Semarang;

Muhamad Erwin, 2016, Legal Philosophy: Critical Reflections on Indonesian Law and Law (in the Dimensions of Ideas and Applications), PT Raja Grafindo Persada, Jakarta;

Retnowulan Sutanto, 2002, Civil Procedure Law in Theory and Practice, Mandar Maju, Bandung;

Rianto Adi, 2004, Social and Legal Research Methodology, Granit, Jakarta;

Soerjono Soekanto and Sri Mamudji, 1995, Normative Legal Research A Brief Overview, Rajawali Press, Jakarta;

Soerjono Soekanto and Sri Mamudji, 2004, Normative Legal Research A Short Overview, eighth printing, Sinar Graphic, Jakarta;

Sudikno Mertokusumo, 2005, Understanding Law as an Introduction, Liberty, Yogyakarta;

Legislation and Decisions:

Secretariat General of the MPR RI, 2011, 1945 Constitution of the Republic of Indonesia, Jakarta, tenth printing;

KUHP (Criminal Code), Bumi Aksara, Jakarta;

Judge's Decision in Case Number 495/Pid.B/2021/PN.Smg;




DOI: http://dx.doi.org/10.30659/rlj.2.3.%25p

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