PENERAPAN PIDANA TERHADAP TINDAK PIDANA PENGGELAPAN BARANG JAMINAN FIDUSIA (STUDI PERKARA : NOMOR 3/PID.SUS/2016/PN.PDG.)
ABSTRACT: The crime of
embezzlement fiduciary guarantee of the goods provided for in Article 36 Act
No. 42 of 1999 regarding Fiduciary Guarantee. Embezzlement is embezzlement
fiduciary guarantee of the goods in the case number 3/URPid.SUS/2016/PN.Pdg.,
debtors sent his son turned his fiduciary guarantee of the goods to a 3rd party
without approval in writing by the borrower. Formulation of the problem 1.How
is the application of the criminal perpetrators of criminal acts against in the
case number 3/URPid.SUS/2016/PN.Pdg.? 2. What are the consideration of judges
in meting out criminal sanctions against the perpetrators of such criminal
acts? This type of research using normative juridical approach, the nature of
the research are analytical, descriptive data source in the form of secondary
data composed of primary legal materials, legal materials, legal materials
tertiary secondary, techniques of data collection through the study of the
document. The data were analyzed qualitatively. A summary of research results:
1. The application of the criminal in this case, it can be found that the
defendant was proven to perform criminal acts of embezzlement, because of the
fiduciary guarantee of the goods meets the elements of a criminal offence. 2.
Consideration of the judge in this case, the judge in his ruling that is
dropping things that relieve the criminal based on the jurisprudence, and
criminal trial brought against the defendant fulfills the terms of article 14
(a) of the CRIMINAL CODE, in addition to the regular combined theory used in
Indonesia in dropping this ruling was already fulfilled.
Penulis: Hengki Setiawan
Kode Jurnal: jphukumdd170062
