ANALISIS DAN PRESKRIPSI YURIDIS ATAS PUTUSAN HAKIM TERHADAP TINDAK PIDANA PENIPUAN

Fransiskus Saverius Nurdin; Petrus Tamu Tuya

doi:10.33592/sh.v20i01.3368

Authors

Fransiskus Saverius Nurdin Program Studi Hukum, Fakultas Ekonomi Bisnis dan Humaniora, Universitas Kristen Wira Wacana Sumba
Petrus Tamu Tuya Program Studi Hukum, Fakultas Ekonomi Bisnis dan Humaniora, Universitas Kristen Wira Wacana Sumba

DOI:

https://doi.org/10.33592/sh.v20i01.3368

Abstract

This study aims to question, analyze, and finally provide a juridical prescription of the Decision of the Panel of Judges of the Waingapu District Court Number: 48/Pid.B/2018/PN. Wgp, in trying a case of criminal fraud committed by the Amanda Permata Waingapu Cooperative management. Based on the research results, the panel of judges' decision stated that the defendants were proven guilty of committing the crime of "continuous fraud" as stipulated and threatened in Article 378 of the Criminal Code in conjunction with Article 55 Paragraph (1) 1st of the Criminal Code in conjunction with Article 64 paragraph (1) of the Criminal Code with imprisonment for each -one year and five months each. This research is a normative juridical research with a statutory, conceptual approach and Case approach. This study concludes that the decision is far from the true legal purpose because it is not appropriate and does not consider the victim's loss. The verdict favored the defendants with light sentences and freed them from all claims for damages. The A quo case should have been a civil case.

Keywords: Waingapu District Court, KSU Amanda, Victims, Prescription