Tinjauan Hukum Terhadap Penerapan Pasal 378 KUHP Dalam Kasus Kejahatan Penipuan Dikota Medan (Studi Kasus Putusan Nomor : 807/Pid.B/2021/PN.Mdn)

Abstrak

Every human being has rules in living daily life. Usually the rules are in the form of orders or prohibitions to do something, these orders and prohibitions are known and referred to as laws. In general, law can be interpreted as a regulation in the form of norms and sanctions created to regulate human behavior with the aim of maintaining order, justice, and preventing crime. In addition, the law is also a guide for the community to take an action and get legal certainty and protection. This study aims to determine the application of material criminal law by judges to perpetrators of criminal acts of fraud as legal considerations by the panel of judges in making criminal decisions in case number: 807/Pid.B/2021/PN.Mdn. This research was conducted in the city of Medan, especially in the Medan District Court. To achieve this goal, the author uses data collection techniques by way of a decision study and interviews with the judges involved in this case. Furthermore, the data obtained were analyzed qualitatively, namely descriptive analysis, namely by explaining, describing, and describing problems and solving them related to the formulation of the problem. The results of this study indicate that decision No. 807/Pid.B/2021/PN-Mdn has applied the material law as it should be where the panel of judges in their Legal considerations gas dug up evidence and statements of witnesses based on the facts at trial. And decided the case in accordanse with article 378 of the Criminal Code