Kajian Yuridis Terhadap Pemeriksaan Perkara Pada Tindak Pidana Penggelapan Kendaraan Bermotor(Studi Kasus di Pengadilan Negeri Surakarta)

Abdillah Sya’bani, Danang and , Hartanto, S.H., M.Hum (2018) Kajian Yuridis Terhadap Pemeriksaan Perkara Pada Tindak Pidana Penggelapan Kendaraan Bermotor(Studi Kasus di Pengadilan Negeri Surakarta). Skripsi thesis, Universitas Muhammadiyah Surakarta.

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Abstract

ABSTRACT The purpose of this research is to know the examination procedure of the case, the consideration used by the judge, and the obstacle that arises in the examination of criminal case of vehicle embezzlement at the Surakarta District Court. This study includes the type of juridical empirical legal research, which examines the legal provisions applicable in legal practice in the District Court. The study was conducted in the Surakarta District Court (PN). Data sources use primary data from interviews with judges. Data analysis techniques using qualitative analysis. The result of the research shows that: First, the procedure of examination of criminal case of vehicle embezzlement in Surakarta State Court is done through the stages: opening of the session, examination of the defendant's identity, warning the defendant, reading the indictment, asking the contents of the indictment, the right to file an exception, or examination of evidence, prosecution by the prosecutor, defense lawyer (pleidoi), response from the Public Prosecutor on Pleumenti Legal Counsel (Replik), response from the Legal Counsel to the Replik of the Public Prosecutor (Duplik), the reading of the judges' ; Second, Judges' considerations are the consideration of court proceedings, juridical considerations, and sociological considerations. Facts of the trial: in the form of witness testimony in accordance with the statement of the defendant, the defendant's statement acknowledging and justifying his actions, the evidence has true guidance value has been a crime of embezzlement and the accused as the perpetrator, the evidence and the information has become evidence evidence by the judges . Judicial consideration refers to Article 372 of the Criminal Code of paragraph 2: "The element intentionally and unlawfully possessing goods wholly or partly belongs to another" has been proven and fulfilled by the actions of the accused. That "the element which is in his power is not by evil" has been proven and fulfilled by the actions of the accused. Sociological considerations are the aggravating and mitigating things of the Defendant's actions; Third, the obstacle that arises is the difficulty of bringing witnesses and evidence. The settlement efforts by the judges in cooperation with the prosecutor and the police in overcoming these obstacles are presenting the witness by force, ensnaring the third party who controls the evidence with the tariff article. Keywords: Crime of Motor Vehicle Fraud, Case Review, Judge's Consideration, Obstacles

Item Type:	Karya ilmiah (Skripsi)
Uncontrolled Keywords:	Keywords: Crime of Motor Vehicle Fraud, Case Review, Judge's Consideration, Obstacles
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Hukum
Depositing User:	DANANG ABDILLAH SYA'BANI
Date Deposited:	15 Feb 2018 01:45
Last Modified:	15 Feb 2018 01:45
URI:	http://eprints.ums.ac.id/id/eprint/60405

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