Legal Analysis of the Responsibility of Perpetrators of Criminal Acts of Fraud from a Gender Justice Perspective (Case Study of Criminal Case Decision Number 651/Pid.B/2024/PN Jkt Pst).

Abstract

The increase in fraud cases also shows weaknesses in the law enforcement system which is not yet fully effective in carrying out its preventive and repressive functions. Many fraud cases are not fully revealed or do not result in fair decisions, either due to limited evidence, lack of investigator capacity, or disparities in sentencing. Legally, fraud is regulated in Article 378 of the Criminal Code (KUHP) which reads: "Anyone who with the intention of benefiting himself or another person against their rights, either by using a false name, either by action and trickery or by fabricating false statements, persuades someone to give something, create debt or write off receivables, is threatened for fraud with a maximum prison sentence of four years. The approach method used in this study is a normative legal approach. The normative legal approach is a legal research conducted by examining library materials or secondary data as mere. The research specifications used are descriptive analysis, sources and types of data used are primary and secondary data. The data collection method is carried out by means of literature studies, including minutes of legislation, books, journals, research results. The problem is analyzed with the theory of criminal responsibility, the theory of substantive justice. In the case of Decision Number 651/Pid.B/2024/PN Jkt Pst, the Panel of Judges found the defendant Irma Fardila guilty of committing a criminal act of fraud. From a formal legal aspect, the elements of Article 378 of the Criminal Code have been proven legally and convincingly, so that criminal responsibility was imposed legally.