PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN PADA TINDAK PIDANA PENIPUAN TERHADAP JAMINAN KREDIT (Studi Perkara No. 345/Pid-B/2014/PN-PDG)
Abstract: The crime of fraud
on credit guarantees it happens between people who are appointed from an
institution or of the lender as an intermediary with the debtor by providing
loans that are not in accordance with the assurances given to the lender which
has been fraudulently between intermediaries and borrowers with the institution
of or the lender. In the criminal justice process then the perpetrator of a
criminal offence of fraud will be sentenced to imprisonment, namely in
accordance with the judge's reasoning and its application in the courts.
Formulation of the problem: (1) Whether the basis of consideration for judges
in meting out punishment against the collateral of credit fraud is a criminal
offence in the lawsuit number 345/Pid. B/2014/PN. PDG? (2) How is the
application of a criminal who was dropped by the judge against the criminal
acts of fraud against the credit guarantee in the matter number 345/Pid.
B/2014/PN. PDG?. The research approach used is a normative approach. The data
source used secondary data sources that include primary legal materials,
secondary and tertiary. Techniques of data collection, namely the study of the
document. Data analysis in the form of qualitative analysis. A summary of
research: (1) the consideration of judges in meting out punishment that is in
accordance with the information of the defendant, witnesses and evidence in the
docket number 345/Pid. B/2014/PN. PDG (2) application of the criminal who
dropped by the judge were in accordance with the provisions in Article 378 of
the Criminal Code and the considerations that relieve against the defendants.
Penulis: Gufronny Agung
Pratama, Fitriati Fitriati, Yetisma Saini
Kode Jurnal: jphukumdd151307
