Tinjauan Yuridis Tindak Pidana Penggelapan (Studi Putusan No. 9/Pid.B/2016/PN. Medan)

Abstract

Crime as a social phenomenon that occurs on earth may not be inexhaustible. Regarding this issue can be seen from the mass media such as newspapers, magazines and television which always contains news about the occurrence of crime. It seems that this criminal problem will always evolve, whether in terms of quantity. That the urban area of evil develops steadily in line with the development of the city is always accompanied by the development of the quality and quantity of crime or criminality, due to these developments cause unrest for society and government. The reason in taking the title is the rampant theft, loss, embezzlement of motorcycles in the city of Medan is never ending is no longer a secret anymore, every day always set up reports of losing motorcycles at Deli Old Police Station for the writer feel interested will do a research on pecurian the motorcycle. Based on the background of problems that have been described, the authors formulate the problem as follows: What Factors of the accused in the act of embezzling motorcycle. How to overcome the case of embezzlement of motorcycles conducted by defendants. Is the reason or motive of the perpetrators of criminal fraud of two-wheeled motor vehicles. What is the basis of judges' consideration in the criminal investigation of criminal embezzlement of twowheeled motor vehicle. What are the obstacles in the investigation of criminal corruption cases of two-wheeled vehicles. The impact of criminal offense for the victim is causing loss and disappointment, theft event will be very detrimental and cause disappointment for korbanya. Frightening, theft event generates fear for victims and society because they feel their property is threatened. The emergence of the law of the jungle, the act of theft is an act that ignores the legal values. If it continues it will bring up the law of the jungle where the strong will prey on the weak. Efforts made by law enforcement officers against the criminal act of embezzling motorcycles is a preventive effort that is an effort to prevent the act or criminal act that occurs either by institutional or by coordinating with the local community. While other efforts are repressive effort that is an effort that is emphasized on criminal process to the perpetrator after the crime happened, thus causing deterrent effect to the perpetrator in order not to do more criminal act.