Tindak Pidana Penggelapan dalam Jabatan Dilakukan Oleh Sales Executive Hotel The Hill Sibolangit Medan (Studi Kasus Putusan Nomor : 1170/Pid.B/2016/PN. MDN)

Abstract

The use of criminal law efforts as an effort to overcome social problems, including in the field of law enforcement policies to achieve public welfare in general. These developments greatly affect various parties / individuals to carry out various ways to fulfill their wishes, one of which is the crime of embezzlement in a position regulated in Article 374 of the Criminal Code. The purpose of this research is to find out the forms of embezzlement that are contained in criminal law and to find out what factors are the causes of embezzlement in office, in order not to abuse existing positions. Normative juridical research method through literature study. Legal sources in writing this essay are primary legal materials, namely the Law, secondary legal materials, namely relevant books and court decisions number 1170 / Pid.B / 2016 / PN.MDN, as well as secondary legal materials sourced from theses, articles, thesis, magazine, internet, etc. And the author conducted a study in the Medan District Court namely conducting direct interviews with the Judges involved in the verdict. The results of the research achieved in this study indicate that based on the verdict dropped by the judge in the handling of cases in office in the decision number: 1170 / Pid.B / 2016 / PN.MDN, the authors conclude that the criminal sanctions imposed by the judge on the accused the public prosecutor of article 374 of the Criminal Code is embezzlement with proper weighting because the elements contained in the juridical provisions regarding embezzlement that have been fulfilled are both from the objective and subjective elements. In addition, the special provisions that are burdensome in this case using the position they have to carry out embezzlement have also been fulfilled.