Juridical Analysis of Criminal Punishment of Perpetrators of The Criminal Act of Embezzlement Based on Justice (Study of Decision Number: 96/Pid.B/2023/Pn Pkl)

Abstract

The crime of embezzlement stems from the abuse of trust over property legally under the perpetrator's control and raises questions regarding the appropriateness of punishment and the fairness of the decision. This study aims to analyze the application of punishment and the judge's considerations for perpetrators of embezzlement based on justice in Decision Number 96/Pid.B/2023/PN Pkl. This research uses a normative legal approach with descriptive analytical specifications. Data in the form of primary, secondary, and tertiary legal materials were collected through library research and documentation. The analysis was conducted qualitatively through legislative, conceptual, and case studies, particularly regarding Article 372 of the Criminal Code, related provisions in the National Criminal Code, and the decisions that were the subject of the research. The results of the study indicate that the application of Article 372 of the Criminal Code and a two-year prison sentence is in accordance with applicable law when the act was committed because the defendant pawned a rental vehicle without the owner's consent, so that all elements of embezzlement are fulfilled. However, the punishment does not fully reflect substantive justice because the decision has not detailed the extent of the victim's losses, abuse of trust, the defendant's profits, recovery of losses, and the purpose of development. The judge's considerations have been legally adequate based on the indictment, witness and defendant statements, evidence, and aggravating and mitigating circumstances, but the philosophical and sociological aspects regarding the proportionality of the sentence still need to be strengthened.