PERTIMBANGAN HAKIM DALAM PENJATUHAN PIDANA TERHADAP PELAKU TINDAK PIDANA PENGGELAPAN KENDARAAN BERMOTOR

(Studi Putusan Pengadilan Negeri Atambua Nomor: 61/Pid.B/2020/PN. Atb)

Abstract

Crime in the criminological sense is a human act that is dominated by the
basic norms of society, while juridical crime is a crime or evil act in the sense of
criminal law that the crime is formulated in criminal regulations. One of the crimes
regarding the misuse of motorcycles is the crime of embezzlement of motorcycle taxis
which often occurs in Indonesi
The method in this study is normative juridical where the basis used is an
existing law, this research is descriptive in nature where the research is intended to
provide data that is as accurate as possible about humans, circumstances or hypotheses
in order to help strengthen old theories or development of new theories. The type of
data used in this research is to use primary data and secondary data.
The results showed that on Friday, December 13, 2019 at around 14.30 WITA
in Tubakioan, Fatukbot Village, Kec. South Atambua Kab. Belu, the defendant met
witness Oktaviana Helinora Ati at home by saying that she intended to use a black
Honda Revo Fit motorcycle with Police Number DH 5300 TM as a vehicle to returned
home and at that time witness Oktaviana Helinora Ati agreed and ordered him to go
home immediately to return to motorcycle taxis. However, after more than 2 (two)
days, namely on Monday, December 15, 2019, the defendant did not return home, could
not be contacted and lost contact. Several months later the witnesses finally reported
the case to the Belu Police for legal processing, because the defendant had controlled
the motorbike for 5 (five) months and did not have the good faith to return it to the
victim witness. The Defendant's actions have fulfilled the element of intentionally and
unlawfully possessing goods that are wholly or partly owned by another person and the
goods are in his hands not because the crime has been fulfilled so that the Panel of
Judges sentenced the Defendant to imprisonment for 1 (one) year.
Keywords: Judge's Consideration, Criminal Imposition, Crime of Embezzlement,
Perpetrator's Motive