Equality Before The Law
Vol 2 No 1 (2022): EQUALITY BEFORE THE LAW

ANALISIS YURIDIS TERHADAP PERTANGGUNGJAWABAN PELAKU TINDAK PIDANA PENGGELAPAN DALAM JABATAN (STUDI PUTUSAN No. 164/Pid.B/2018/PN MKS)

Octavia, Andi Rizky (Unknown)



Article Info

Publish Date
02 Dec 2022

Abstract

This article is a juridical research on the accountability of criminal offenders through the study of court decisions. This research was born due to the inaccuracy of the demands submitted by the public prosecutor who did not think about the deterrent effect on the perpetrators. The research method used by the researcher is based on the applicable legislation by looking at the case being litigated. There are two objectives of the research, namely to find out the indictment of the public prosecutor against the crime of embezzlement in office and how the judge's considerations in imposing the sentence in decision number 164/Pid.B/2018/PN.Mks. The results showed that the Public Prosecutor in making the indictment was appropriate and appropriate, namely using a single indictment in Article 374 of the Criminal Code. According to the researcher, the charge was too light for the defendant because the victim in this case suffered a lot of losses. And the judge's consideration in his decision against the defendant was not quite right because the sentence handed down was only one year in prison while there were many things that the judge had to consider before imposing his sentence because the defendant was proven legally against the law.

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Journal Info

Abbrev

jurnalilmuhukum

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

hasil -hasil penelitian atau pendapat yang berkaitan dengan ilmu hukum secara umum dan luas, baik secara dogmatis hukum, teori hukum maupun filsafat hukum yang disusun oleh akademisi, peneliti atau praktisi hukum. khususnya hasil penelitian atau pendapat yang berkaitan dengan hukum perdata, hukum ...