Rahman, T.yoki (2024) Analisis Pembuktian Tindak Pidana Penipuan Dengan Itikad Buruk Berdasarkan Pasal 184 Kuhap. Other thesis, Universitas Islam Riau.

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Abstract

The distinction between criminal fraud and a breach of contract lies in the intent of the perpetrator. When an individual fails to fulfill an obligation based on a valid agreement in good faith, their action constitutes a breach of contract (wanprestasi). However, if the failure is based on bad faith, the act constitutes a criminal fraud (tindak pidana penipuan). The central issue of this research is the application of the burden of proof in criminal fraud cases and the court's consideration in determining bad faith in fraud cases as seen in the decision of the District Court Case Number 45/Pid.B/2021/PN Klb, based on Article 184 of the Indonesian Criminal Procedure Code (KUHAP). The research method used is normative legal research, which involves examining secondary data and primary legal sources, including laws and regulations, philosophy, theories, legal principles, and legal doctrines, as well as books related to law and court decisions. This research is descriptive-analytical in nature, analyzing the proof process in criminal fraud cases with bad faith based on the analysis of the aforementioned court decision. Based on the findings of this research, it was concluded that the application of the proof process in the case under study was in accordance with Article 378 of the Indonesian Penal Code (KUHP) regarding criminal fraud. The court's consideration in delivering the verdict was in line with applicable law, taking into account the statutory provisions, the facts presented in the trial, and the evidence, ultimately determining that the defendant had committed fraud based on bad faith.

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