Legal Analysis of Criminal Penalty for Embasement in Office Based on Legal Certainty

Abstract

Abstract. The aim of this research is to describe and analyze the implementation of criminalization of perpetrators of embezzlement in office based on legal certainty, to describe and analyze the obstacles and solutions in the implementation of criminalization of perpetrators of embezzlement in office. This legal research uses an empirical legal research approach. The criminal act of embezzlement in office, as regulated in Article 374 in conjunction with Article 64 Paragraph (1) of the Criminal Code, is a crime that involves abuse of trust in work relationships, both in the private and government sectors, and has a significant impact on companies, society and the state. Sentencing, such as in case Number 18 K/Pid/2021, which sentenced the perpetrator to 1 year in prison, reflects the principles of justice and legal certainty, but needs to be balanced with efforts to restore the victim's losses. Obstacles such as difficulties in proving, weak internal supervision, limited awareness of companies to report, the length of the legal process, and social and political influences often slow down the law enforcement process and reduce the deterrent effect. To overcome this, it is necessary to strengthen the company's internal monitoring system, use technology in managing evidence, educate companies about the importance of reporting cases, reform the justice system to speed up the legal process, and increase the integrity of law enforcement officials through transparency and independent supervision. This approach is expected to ensure the implementation of sentences that are more effective, fair, and provide an optimal deterrent effect for perpetrators and protection for victims.

Keywords: Certainty; Conviction; Embezzlement; Legal.