ANALISIS YURIDIS TERHADAP PERTIMBANGAN HAKIM DALAM TINDAK PIDANA PENIPUAN

Abstract

The criminal act of fraud is a series of crimes that have objects or goods to be owned personally. Like the case that the author is currently researching, criminal acts of fraud under the guise of investment often occur, therefore the public must be more careful if someone invites them to invest in order to minimize the occurrence of criminal fraud. This study aims to find out the location of the problem regarding how the judge's decision in passing a decision on a criminal act of fraud and the application of criminal law on fraud acts. The results of this study indicate that: 1. The judge's decision in passing the decision in Decision No. 1355/Pid.B/2021/Pn.Tng. According to the author, it is in accordance with the applicable legal regulations as described by the previous author, namely based on at least two valid pieces of evidence, where in the case the author is studying, the evidence used by the judge is the testimony of witnesses, the statement of the accused, instructions and goods suitable evidence. Then consider criminal responsibility, in this case the Panel of Judges based on the facts at trial considered that the defendant was aware of the consequences. 2. The application of Criminal Law by the Panel of Judges of the Tangerang District Court in Decision Number 1355/Pid.B/2021/PN.Tng is correct because it has fulfilled the elements as contained in article 378 of the Criminal Code, namely the element of whoever; with the intention of self-benefit by violating the law; using a false name or false prestige either by deception or by making up false words; and the element of persuading people to give an item.