Legal Analysis of Criminalization of Criminal Acts of Embezzlement Based on Justice (Study of Decision Number: 96/Pid.B/2023/PN PKL)

Abstract

Embezzlement is included in the type of crime against property. Because the crime of embezzlement is one type of crime that occurs in society with various forms that develop and lead to increasing a person's intellect from an act of embezzlement. People who commit crimes will be held accountable for these acts with criminal penalties if they have made a mistake, a person has made a mistake if at the time of committing an act seen from the perspective of society it shows a normative view regarding the commission of a crime. The approach method used is normative juridical, namely a library legal research carried out by examining library materials or secondary data alone using deductive thinking methods. The writing specification uses descriptive analysis, the sources and types of data used are secondary data. The data collection method is by collecting data using secondary data collection methods. The problem is analyzed using the theory of punishment, the theory of legal certainty and the theory of justice. The punishment of the perpetrators of the crime of embezzlement based on Decision Number 96 / Pid.B / 2023 / PN Pkl the judge has considered that this element has been fulfilled and proven legally and convincingly according to law. Therefore, all elements of Article 372 of the Criminal Code charged by the public prosecutor according to the evidence submitted by the Public Prosecutor where the defendant MS alias RYN has been proven legally and convincingly guilty of committing the crime of embezzlement in accordance with Article 372 of the Criminal Code, the judge imposed a criminal sentence on the defendant with imprisonment for 2 (two) years in accordance with the judge's decision that has been imposed on the defendant. The judge's consideration is one of the most important aspects in determining the realization of the value of a judge's decision that contains justice (ex aequo et bono) and contains legal certainty. Based on several legal considerations where the judge first outlined the elements of Article 372 of the Criminal Code charged by the public prosecutor that the defendant was proven guilty of embezzlement by imposing a prison sentence of 2 (two) years on the defendant.