ANALISIS YURIDIS TERHADAP TINDAK PIDANA PENGGELAPAN OBJEK JAMINAN FIDUSIA( Studi Kasus Putusan Nomor 1176/Pid.B/2020/PN Pbr )

Abstract

Criminal law is public law which is part of the overall law in force in a country, which provides the basics and rules to determine which actions should not be carried out, which are prohibited, accompanied by threats or sanctions in the form of certain crimes for anyone. those who violate the prohibition, determine when and in what 2 (two) matters those who have violated the prohibition can be imposed or sentenced to a criminal offense as has been threatened, and determine in what way the imposition of the punishment can be carried out if there are people who are suspected of having violated the prohibition. the prohibition. This study aims to find out how the regulation regarding criminal acts against fiduciary guarantees in the case study of decision number 1176/Pid.B/2020/PN.Pbr. What is the basis for Judges' Considerations in Criminal Cases Against Embezzlement of Fiduciary Guarantee objects in Decision Number 1176/Pid.B/2020/PN.Pbr. The research method used is normative research, while in terms of its nature it is descriptive analytical. The data and data sources used are secondary data, primary legal materials, Pekanbaru District Court Decision Number: 1176/Pid.B/2020/PN.Pbr and secondary legal materials from references, such as applicable laws and regulations with qualitative analysis methods. descriptively. Based on this research, the results obtained that the results of this study indicate that the application of the law in the decision Number: 1176/Pid.B/2020/PN.Pbr has fulfilled the element of offense, both the element of action and the element of responsibility or maker, and has been proven guilty under the law. by getting the punishment commensurate with their actions. The judge's consideration in making the decision has seen from all perspectives of different aspects so that the decision is in accordance with fairness and based on humanity and applicable law, namely that the defendant must be responsible for his actions in accordance with the decision handed down by the Panel of Judges.