Penegakan Hukum Tindak Pidana Ringan Dalam Perkara Penggelapan Karena Ada Hubungan Kerja (Studi Kasus Perkara Nomor: 392/Pid.B/2020/PN.Sak)

Ahmad Kosasi, Said (2022) Penegakan Hukum Tindak Pidana Ringan Dalam Perkara Penggelapan Karena Ada Hubungan Kerja (Studi Kasus Perkara Nomor: 392/Pid.B/2020/PN.Sak). Masters thesis, Universitas Islam Riau.

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Abstract

The criminal case of embezzlement that was tried in the jurisdiction of the Siak District Court was Case Decision Number: 392/Pid.B/2020/PN.Sak, against the defendant Ponari. The Siak District Court judge who tried the case applied Article 372 of the Criminal Code with a prison sentence of 1 year and 6 months. The fact that the Ponari trial had committed a criminal act of embezzlement as intended by Article 372 of the Criminal Code, but in the facts of the trial it was also revealed that the amount of crude palm oil (CPO) embezzled by the Ponari was only Rp. 1,535,200. Referring to the Regulation of the Supreme Court Number 2 of 2012 concerning Adjusting the Limits of Minor Crimes and the Amount of Fines in the Criminal Code, it stipulates that the crime of embezzlement whose value is below Rp. 2,500,000 is a minor criminal offense with a maximum imprisonment of 3 months, therefore the act of a criminal cannot be prosecuted under Article 372 of the Criminal Code because the embezzled value is below Rp. 2,500,000, but in fact the judge used article 372 of the Criminal Code against the actions of the ponari. This study aims to determine the process of proving a minor crime case of embezzlement due to an employment relationship in case number: 392/Pid.B/2020/PN.Sak, to find out the legal considerations of the panel of judges deciding cases of minor crimes of embezzlement due to an employment relationship in the case of embezzlement. case number: 392/Pid.B/2020/PN.Sak and to find out the prospective application of minor crimes in the future. This type of research is normative research with the object of research being the Decision of the Siak District Court Number: 392/Pid.B/2020/PN.Sak. The data collection technique is through literature review which is presented selectively and systematically, then the data is discussed and analyzed by descriptive analysis method. The process of proof in case Number: 392/Pid.B/2020/PN.Sak is in accordance with what is stipulated in the Criminal Procedure Code. Case Number: 392/Pid.B/2020/PN.Sak in the judge is very rigid, the judge tends to be like a mouthpiece of the law, the judge does not explore the motives and objectives of the defendant committing a crime, does not consider the amount of value embezzled by the defendant, which is equal to Rp. 1,535,200, with that number the judge should not have used Article 374 in giving a 1 year prison sentence to the defendant because Perma No. 2 of 2021 has regulated that the defendant's actions should include minor crimes with a sentence of 3 months in prison. Prospective future on case Number: 392/Pid.B/2020/PN.Sak there are alternative settlements of minor crimes, which are considered to provide a sense of justice for perpetrators and victims, reduce the accumulation of cases in the Supreme Court, fast implementation of criminal justice principles, simple, and low cost, and reduce the overcapacity of correctional institutions by prioritizing the formal model by integrating Restorative Justice in handling cases whose losses are below Rp. 2,500,000 as stated in Perma Number 2 of 2012

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