ANALISIS PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENGGELAPAN DALAM PEKERJAAN MENURUT PASAL 374 KUIHP

(Studi Kasus Putusan Nomor 183/Pid.B/2023/PN Skt)

Abstrak

Embezzlement here refers to the act of seizing or controlling someone else's
property without permission or with unlawful intent. The crime of embezzlement is
often related to an inequality of power or position between the perpetrator and the
victim. Perpetrators may have access or positions that make it easier for them to exploit
or usurp the property rights of others. Article 374 of the Criminal Code also reflects
protection for parties who may be weaker or vulnerable, whether in the context of
business, work or financial transactions.
This research method is a normative juridical type, namely legal research carried
out by examining library materials or secondary data as basic material for research by
conducting searches on regulations and literature related to the problem being studied.
Descriptive research is "Research that is intended to provide data that is as thorough as
possible about people, conditions or hypotheses so that it can help in strengthening old
theories, or in the preparation of new theories.
The research results show that law enforcement against criminal acts of
embezzlement in work according to Article 374 of the Criminal Code. Determination of
punishment must be in line with the principles of justice and proportionality.
Consideration of the defendant's personal circumstances, such as life history and other
factors that may influence his or her behavior, may be a factor in determining the
sentence. Judges need to maintain fairness and openness of trials. Decisions taken must
be based on the facts in the trial and not be influenced by external pressure or irrelevant
considerations. Judges must have a deep understanding of the provisions of Article 374
of the Criminal Code which regulates the crime of embezzlement at work. This includes
the elements of the offense, the penalties that can be imposed, and other criteria that
must be considered. The judge needs to evaluate the evidence presented at trial. The
quality and validity of evidence is a key factor in forming a judge's decision.
Keywords: Law Enforcement, Crime of Embezzlement at Work, Article 374 of
the Criminal Code