Legal Analysis of Criminal Liability for Fraud Based on Social Justice (Case Study of Decision: Number 245/PID.B/2024/PN.BJM)

Abstract

Indonesia is an archipelagic country that includes many races, tribes, religious cultures, and customs, due to this diversity, many crimes occur among the community, one of which is a crime in the form of fraud in Indonesia. The crime of fraud is a crime that is classified as a crime against people's property. With the threat of imprisonment, the reality is that many perpetrators of fraud often commit these acts more than once for various reasons, including large financial gain and minimal risk of punishment. The problem in this study is to find out how the criminal liability for fraud based on social justice, as well as to find out the obstacles faced in the criminal liability for fraud based on social justice based on decision number: 245 / Pid.B / 2024 / PN.Bjm and its solutions. 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 liability for criminal acts of fraud has been regulated in the Criminal Code (KUHP), namely in Chapter XXV starting from Article 378 to Article 395 of the Criminal Code. Meanwhile, the obstacles faced in criminal accountability for fraud based on social justice based on decision number: 245/Pid.B/2024/PN.Bjm can be from the perpetrator's side or from the law enforcement side, the obstacles can be in the form of difficulties in collecting written evidence, evidence dominated by oral testimony, difficulties in identifying the perpetrator's evil intentions (mens rea), and the delay in reporting the crime by the victim which can result in obstacles to achieving a fair decision.