Analysis of the Effectiveness of Criminalization and the Application of Restitution to Victims in Criminal Acts of Embezzlement by Workers (Study of Decision Number 327/Pid.B/2025/PN. Ktp)

Abstract

Distinction between intent and negligence to prevent overbroad interpretations that violate the principle of legality. This study examines the effectiveness of criminal penalties and the application of restitution in the crime of embezzlement by workers based on Decision Number 327/Pid.B/2025/PN.Ktp. The background of the study indicates that cases of embezzlement by workers are increasing and causing material losses and damaging trust in employment relationships. However, law enforcement is still focused on criminalizing perpetrators without considering the restoration of victims' rights, thus not in line with the principles of social justice Pancasila. Using normative legal research methods, this study examines primary, secondary, and tertiary legal materials to explore relevant legal principles and doctrines. The study found that the sentencing decisions imposed by judges took into account juridical, sociological, and philosophical aspects to achieve substantive justice. However, the system's weaknesses are evident in the unclear provisions regarding restitution for victims, resulting in a retributive orientation of sentencing. From the perspective of Pancasila Justice, sentencing must prioritize a balance between legal certainty, expediency, and justice by providing space for victim recovery, perpetrator development, and the creation of social harmony.