Analisis Yuridis Putusan Bebas Perkara Tindak Pidana Penggelapan Dalam Jabatan (Studi Kasus Putusan Nomor 91/PID.B/2020/PN.TBH)

Kemal, Rafsanjani (2022) Analisis Yuridis Putusan Bebas Perkara Tindak Pidana Penggelapan Dalam Jabatan (Studi Kasus Putusan Nomor 91/PID.B/2020/PN.TBH). Other thesis, Universitas Islam Riau.

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Abstract

Based on LP/02/I/2020/RIAU/RES INHIL, brother Muhammad Afdhol made a report that there had been a criminal act of embezzlement in position Where BBN (Vegetable Fuel) or FAME (Fatty Acid Methyl Ester) was found on the barge of Royal Palma XXX, namely on the slope of the Tank on the left of approximately 1,557 Liters and on the right side of the tank slope of approximately 9,552 Liters. So the defendant was charged and threatened with Article 374 of the Criminal Code regarding embezzlement in office. Based on the judge's decision on July 9, 2020 in case Decision Number 91/Pid.B/2020/PN.Tbh to all defendants namely, defendant I Maswandi Als Wandi Bin Makmur, Defendant II Teguh Setiawan Bin Maslan, and Defendant III AJji Nurjana Bin Maspar which states that it is not legally and convincingly proven guilty of committing a crime as charged in the Primary and Subsidiary indictments becomes a very interesting matter for review. Based on this phenomenon, this study sets out 2 main problems, namely: first, how is the process of proving the crime of embezzlement in office so that it is acquitted in Case Number 91/Pid.B/2020/PN.Tbh. Second, how are the legal considerations of the panel of judges in deciding cases of the crime of embezzlement in position number 91/Pid.B/2020/PN.Tbh. This study uses a normative juridical research method, which is a study by studying the documents of the Tembilahan District Court Decision on the Crime of Embezzlement in Position Number 91/Pid.B/2020/PN.Tbh. By elaborating on the application and consideration of the judge's decision. Based on its nature, the research that the researcher did is classified as descriptive analytical research, namely providing researched data regarding the problems that the authors raised in order to strengthen existing theories. The research results can be known, first; That the defendant is not proven guilty of committing a criminal act of embezzlement due to the non-fulfillment of the second element, because one of the elements of Article 374 of the Criminal Code in conjunction with Article 55 Paragraph (1) of the 1st Criminal Code is not fulfilled, the Defendant must be declared not legally and convincingly proven to have committed the crime. criminal charges as charged in the primary and subsidiary charges, so that the Defendant must be acquitted. Second; Legal considerations by the Panel of Judges in imposing an acquittal in case Number 91/Pid.B/2020/PN.Tbh were deemed appropriate. Based on the consideration that the Panel of Judges found no fault in the actions of the Defendant (mens rea), because one of the elements of Article 372 of the Criminal Code in conjunction with Article 55 Paragraph (1) of the 1st Criminal Code was not fulfilled.

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