Iksan, M. (2025) Tinjauan Yuridis Terhadap Tindak Pidana Penggelapan Dalam Jabatan Berdasarkan Putusan Nomor 1380/pid.b/2023/pn.pbr. Other thesis, Universitas Islam Riau.

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Abstract

The crime of embezzlement in office is regulated in Article 374 of the Criminal Code (KUHP). The crime of embezzlement in office is a crime of embezzlement with aggravation. cases of embezzlement in office based on Decision Number 1380 / Pid.B / 2023 / PN.Pbr who intentionally and unlawfully owns something that is wholly or partly owned by another person, but which is in his power due to an employment relationship or because of his search or because he receives wages for it. The main problem in this study is how to prove the crime against the perpetrator of the crime of embezzlement based on Decision Number 1380 / Pid.B / 2023 / PN.Pbr and what is the basis for the legal considerations of the panel of judges in imposing a sentence against the crime of embezzlement in office based on Decision Number 1380 / Pid.B / 2023 / PN.Pbr. The research method used is Normative Legal Research, namely library legal research, namely a method of collecting data by studying books, laws and regulations, and writings related to this research. The nature of descriptive research is to provide a clear and detailed description of an incident that occurred regarding the Legal Review of the Criminal Act of Embezzlement in Office Based on Decision Number 1380 / Pid.B / 2023 / PN.Pbr. Based on the results of the study, it is known that the criminal evidence carried out is with the negative wettelijke proof system, namely requiring a causal relationship (cause and effect) between the evidence and belief. The evidence in the form of witness statements, there are 2 witnesses, namely witness Putri Anani and witness Rani Kusuma Dewi. Then followed by the belief that the criminal incident did occur and the defendant was guilty. The legal basis for the panel of judges' considerations in sentencing the criminal act of embezzlement in office based on Decision Number 1380/Pid.B/2023/PN.Pbr is violating Article 374 of the Criminal Code, the elements of which are as follows: whoever, intentionally and unlawfully, has something that is wholly or partly owned by another person, and the item is in his control not because of a crime because of an employment relationship or because of his livelihood or because he receives wages. And the judge sentenced the defendant to imprisonment for 1 (one) year and 8 (eight) months.

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