ANALISIS YURIDIS TINDAK PIDANA PENIPUAN TERHADAP CALON KARYAWAN PABRIK PT CING LU KABUPATEN TANGERANG (Studi Kasus Putusan Nomor 1041/Pid.B/2022/PN Tng)

Abstract

Crimes are increasingly rampant among the community, crimes that often occur and are familiar to society, namely fraud. Rules regarding fraud already exist, which are regulated in the provisions of article 378 of the Criminal Code, but fraud still occurs which disturbs the community. The purpose of this research is first to find out and analyze the factors behind fraud and how to overcome them. Second to know and analyze the application of material criminal law and whether there is a deterrent effect., third to know and analyze the judge's consideration in sentencing perpetrators of Fraud Crimes in decision Number 1041/Pid.B.2022/PN.Tng. In research using normative legal research methods. The approach used is a normative juridical approach, namely legal research carried out by examining library materials or secondary data as basic material for research by conducting searches on regulations and literature related to the problem under study. The results of the study found factors behind the criminal act of fraud, economic factors intended to meet lifestyle, and economic factors to meet the cost of living, as well as the opportunity for fraud. The way to overcome it is done with Pre-emptive Efforts, Preventive Efforts, Repressive Efforts. The application of the Material Criminal Law given to perpetrators of fraud is regulated in Article 378, the sentencing of the accused is not retribution for his actions, but is intended to provide a deterrent effect so that he improves himself and will not repeat again. The judge's legal consideration in sentencing the perpetrators of fraud crimes in decision number 1041/Pid.B.2022/PN.Tng is based on valid evidence, and based on the concept of justice applied to the Defendant Asianih imprisonment for 8 (eight) months, this decision the panel of judges finds it difficult to fulfill justice for fraud victims.

Keywords :  Fraud, Crime,  Justice