ANALISIS YURIDIS TINDAK PIDANA PENGGELAPAN KENDARAAN BERMOTOR RODA DUA (Studi Kasus Putusan Nomor 71/Pid.B/2021/PN Tlk)

Abstract

In social life, it is possible for a crime to be committed by an individual or group as a result of a clash of interests. One of the crimes committed by individuals or groups is the crime of embezzlement. The crime of motor vehicle embezzlement is influenced by opportunity and convenience because it is only based on trust. The problem in this research is what is the modus operandi of the criminal act of embezzlement of 2 (two) wheeled motorized vehicles in the case study of decision number 71/Pid.B/2021/PN Tlk, and what are the judge's considerations in the criminal act of embezzlement of 2 (two) wheeled motorized vehicles in the case study decision number 71/Pid.B/2021/PN Tlk. For this writing, the author uses a type of normative legal research, namely using various secondary data such as statutory regulations, court decisions, legal theory, and can be the opinions of scholars, then this research is descriptive analytical. Based on the research results, it can be concluded that there are several modus operandi used to commit the crime of embezzlement, including borrowing, wanting to own a two-wheeled motor vehicle, and pawning. Furthermore, the judge's consideration in the crime of embezzlement in decision number 71/Pid.B/2021/PN Tlk consists of 2 (two), namely juridical considerations and non-juridical considerations. Juridical considerations include the indictment of the Public Prosecutor, witness statements, defendant's statements, evidence obtained, and Article 372 of the Criminal Code concerning the Crime of Embezzlement. Meanwhile, non-juridical considerations include the defendant's condition, namely being physically and mentally healthy, as well as weighing aggravating and mitigating factors.