Legal Analysis Of Criminal Punishment Of Perpetrators Of Embasement Based On Human Rights (Case Study Of Criminal Case Decision Number: 14/PID.B/2023/PN.SGR)

Abstract

The 1945 Constitution of the Republic of Indonesia, in Article 1 paragraph (3) states that the State of Indonesia is a state of law, as a state of law, Indonesia has regulations to protect the interests of the community, but in its implementation, there are still many crimes that occur among the community, one of which is the crime of embezzlement. The problem in this study is to determine the construction of the Criminal Act of Embezzlement in the concept of legal certainty, as well as to determine and analyze the punishment of perpetrators of the Criminal Act of Embezzlement based on human rights.
The research approach used in this study is through a normative legal approach using secondary data obtained through literature studies, then data analysis is carried out using qualitative descriptive analysis.
Based on the results of the study, the construction of the criminal act of embezzlement in the concept of legal certainty is regulated in Article 372 of the Criminal Code, this article discusses embezzlement in the sense of ordinary embezzlement or principal embezzlement, and the law Article 28 D paragraph (1) of the 1945 Constitution of the Republic of Indonesia, the third amendment, that everyone has the right to recognition, guarantee of protection and fair legal certainty and equal treatment before the law. Meanwhile, the punishment of the perpetrator of the crime of embezzlement based on a case study in the decision at the Singaraja District Court Case Number 14/Pld.B/2023/PN.Sgr, namely the imposition of a sentence for the crime of embezzlement is a judge's consideration, where the defendant KUY has been legally and convincingly proven guilty of committing the crime of embezzlement in accordance with Article 372 of the Criminal Code, and the purpose of the punishment and other factors in accordance with the purpose of the punishment by considering various considerations of the judge, the judge imposed a sentence on the defendant with imprisonment for 4 (four) months and 15 (fifteen) days in accordance with the judge's decision that has been imposed on the defendant which is in accordance with the provisions of applicable laws and regulations.