TINJAUAN YURIDIS TERHADAP TINDAK PIDANA PENIPUAN ATAU PENGGELAPAN DENGAN TIPU MUSLIHAT BERLANDASKAN ASAS KEADILAN (Studi Kasus Putusan Nomor: 1003/Pid.B/2022/PN.Tng)

Abstract

Fraud always exists and even tends to increase and develop in society along with economic progress, even though the act of fraud is viewed from any angle is very reprehensible, because it can cause mutual distrust and consequently damage the life order of the community. The purpose of this study is to find out and analyze the perpetrators' motivations such as economic, psychological, or social reasons that encourage them to commit these acts and to know and find ways to minimize these criminal acts and to know and analyze the considerations and application of the law of the panel of judges in sentencing perpetrators of fraud or embezzlement by deception in Decision Number 1003/Pid.B/2022/Pn.Tng. Method The research used is normative juridical and empirical juridical research with a statutory approach, case approach, conceptual approach and analysis approach as well as interviews with the Panel of Judges, Clerks and Witnesses in the Tangerang City area. The results of the study found that the motivation of perpetrators to commit fraud crimes is from the psychological aspect of personality, there are three characteristics of motivation from instinct the first (source) instinct arises from physical stimulation (needs), the second instinct is instinct goals (aim), the third instinct is instinct drive (impetus). In how to overcome cooking oil fraud, namely not easily tempted by low prices, checking seller trace partners, the public can use the Check Rekening.id service or the GetContact application to increase trust. In the case of fraud in decision number: 1003/pid.b/2022/pn.tng, the panel of judges set a criminal sentence of 2 years, in Article 378 of the Criminal Code, fraud is punishable with a maximum penalty of 4 years in prison. So that the criminal charges filed by the public prosecutor are too light if you look at the value of the losses suffered by the victims and the actions committed by the defendants are very disturbing to the community.

Keywords: Fraud, Deception, Embezzlement