Maulana, Ardian (2024) Analisis Yuridis Unsur Pertanggungjawaban Pidana Dalam Tindak Pidana Penggelapan Berdasarkan Putusan Nomor 739/pid.b/pn.bls. Other thesis, Universitas Islam Riau.

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Abstract

In general, criminal activities encompass actions that clearly violate the law and may incur criminal sunctions. Individuals involved in criminal acts must be able to face the consequences and take responsibility if proven guilty. It’s important to recognize that justice in law enforcement involves a deep understanding of the context and factors that may influence one’s behavior. The central issues in this research are how criminal liability applies to embezzlement committed by company employees, making them subject to Article 374 of the Criminal Code, and what considerations judge take into account in assessing intent or negligence in embezzlement under Article 374 of the Criminal Code. This study explores criminal responsibility and legal considerations by employing a normative juridical research method, collecting data thourgh the analysis of legal products, literature, and court decisions. The research reveals the proof of criminal elements in the case with judgment Number 739/Pid.B/2021/PN.Bls, emphasizing the importance of legal facts as the basis for decision-making. The evidence is based on witness statements, expert testimonies, defendant statements, and evidence that form the primary foundation in detailing the charges. The defendant is accused of committing embezzlement within a position regulated by Article 374 of the Criminal Code. The imposed criminal sanction is 1 year and 2 months imprisonment, reflecting the outcome of the criminal justice process.

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