Construction of Evidence by the Public Prosecutor on the Criminal Act of Fraud Arising from Contractual Relationships (Study of the Banyumas District Prosecutor's Office)

Abstract

Abstract. The many cases of default in Indonesia have now become something that has many interpretations because many people assume that when the default can be resolved through criminal channels because they feel they have suffered losses without first knowing how something can be said to be in the realm of criminal law such as fraud arising from a contractual relationship. This study aims to determine, examine, and analyze the authority of the public prosecutor in proving a criminal case, the characteristics of fraud arising from a contractual relationship and the Construction of evidence by the Public Prosecutor in proving a case of Fraud arising from a contractual relationship. The approach method used in this study is sociological juridical. The specifications of this study are descriptive analytical. The data sources used are secondary data consisting of primary legal materials, secondary legal materials, and testier legal materials. Based on the research results, it can be concluded that the authority of the Public Prosecutor in proving a criminal case is in line with the purpose of proving in court for the public prosecutor, namely as a form of effort to convince the judge based on valid evidence that the defendant is guilty according to the indictment charged to him so that it can be proven that a criminal event has occurred and the defendant is guilty of doing it in accordance with the procedures permitted by law in proving a crime. Characteristics of the Criminal Act of Fraud arising from a contractual relationship, namely when the defendant's actions containing elements of the crime of fraud are carried out before the contract or agreement is closed (ante factum). Construction of evidence by the public prosecutor in a criminal case of fraud arising from a contractual relationship, the Banyumas District Attorney's study by assessing evidence based on Article 184 paragraph (1) of the Criminal Procedure Code which includes witness statements, expert statements, letters, instructions and statements from the defendant. So that it will prove how successful it is to prove the elements of the crime are fulfilled by being careful and precise in the assessment. So that in the study of the Banyumas District Attorney's Office as with case Number 108/Pid.B/2020/PN Bms, the Public Prosecutor succeeded in proving that the case was a case of Criminal Fraud, which in this case arose from a contractual relationship.

Keywords: Contractual; Evidence; Prosecutor; Relationship.