Analisis Hukum Terhadap Pertanggungjawaban Pelaku Pidana Penggelapan (Studi Kasus Pada Pengadilan Negeri Lubuk Pakam)

Abstract

Crime can be interpreted in criminological and juridical. Crime in criminological sense that human actions that compromise the basic norms of society. Deeds elements that violate the rules that live and thrive in the community. One example of crime is the crime of embezzlement is set in Article 372 to Article 377 Criminal Code. The problems raised in this research are: how the elements of the crime of embezzlement, how accountable criminal embezzlement within the State Court Lubukpakam and how constraints and in law enforcement efforts against the crime of embezzlement in the District Court Lubukpakam. In accordance with the problems and objectives of this study, the type of study is a descriptive analysis, means a data analysis based on the theory of common law applied to describe a set of data. The results of research and discussion to explain the elements of the crime of embezzlement is composed of elements of Subjective offense in the form of deliberate offenders to darken the property of others as defined in article legislation through words: deliberately and elements Oyektif offense consisting of: an element of whoever, elements master unlawfully, the elements of an object, the element partly or wholly owned by someone else and the elements of the object there is to it were not for the crime. Accountability criminal embezzlement within the State Court Lubukpakam is covering a deliberate intention (dolus) or negligence (culpa) conducted a perpetrator of embezzlement, no reason annihilation offense to act perpetrators of embezzlement and embezzlement that is an act that is against the law as stipulated in the Criminal Code. Constraints in enforcing the law against the crime of embezzlement in the District Court Lubukpakam is the pattern and the shape and modus operandi of the crime of embezzlement is growing, the development of increasingly advanced technology as well as the difficulty of finding evidence. Law enforcement efforts against the crime of embezzlement in the District Court Lubukpakam by placing the employee in charge of the financial management of two people. With the employees two men then one employee would be responsible to the other employees as well as a way to improve the welfare of employees. Employees also by the company must be considered by the company's well-being so that employees do not have the intention to commit embezzlement