PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU PENIPUAN BERMODUS PEMINJAMAN KENDARAAN BEMOTOR

Abstract

The crime of fraud is classified as an offense against property because it involves the unlawful acquisition of wealth, one of which is the method of borrowing a motor vehicle which aims to be unlawfully controlled. This research was conducted to examine the implementation of the elements of the crime of fraud as well as the legal considerations of the judge in imposing punishment on the perpetrator in Decision Number 102/Pid.B/2024/PN Kotabumi. This research apply a normative legal framework to literature study and document study techniques, as well as qualitative analysis of secondary data obtained from court decisions and laws and regulations, and legal literature. The results of the research show that all elements of Article 378 of the Criminal Code are fulfilled, both objectively (the act of taking away and pawning the motorcycle) and subjectively (malicious intent from the beginning by using deception). The judge imposed a prison sentence on the defendant for 2 years and 6 months, accompanied by juridical and non-juridical considerations that reflect justice and legal expediency. This study emphasizes the importance of accuracy in distinguishing between the crimes of fraud and embezzlement, as well as the urgency of victims’ legal protection in cases of fraud based on social relations.