Peranan Penyidik dalam Menangani Tindak Pidana Cek/ Bilyet Giro dalam Pembayaran Hutang yang Menimbulkan Onrechmatigdaad (Studi pada Subdit II Ditreskrimum Polda Sumut)

Abstract

The implementation of payments through blank check checks is one of the modus operandi of modern crimes today. As a crime, payments through blank checks can be classified and included in fraudulent crimes. The crime of crime (bedrog) is contained in Chapter XXV Book II of the Criminal Code from Articles 378 to Article 395. The original title of this chapter is bedrog which is interpreted by many experts as fraud, or there is also translating it as cheating. The problem in this research is how the legal rules governing the accountability of criminal acts of checks / bilyet giro in debt repayments that give rise to Onrechmatigdaad (acts against the law), what is the role of investigators in handling criminal offense checks / bilyet giro in debt payments that cause Onrechmatigdaad (deeds against the law) and what obstacles faced by investigators in handling criminal acts of checks / bilyet giro in debt repayments resulting in the termination of investigations. The empirical juridical legal research research method is the method of research conducted to obtain primary data and find. The nature of this research is descriptive analyst, the meaning is that from this research it is expected to obtain a detailed and systematic description of the problems to be studied. Check arrangements are regulated in Article 178 through Article 229 of the Trade Code. The legal rules of liability for criminal acts of checks / bilyet giro in debt repayments which give rise to Onrechmatigdaad (acts against the law). Viewed from the perspective of criminal law, the issuance of blank checks is included in fraud. Fraud is contained in Article 378 of the Criminal Code, namely: "Anyone with a view to benefiting himself or another person by means of violating the law, by using a false name or false dignity, by deception or by a series of lies moves another person to surrender an object to him or to give debt or write off receivables, threatened because of fraud with imprisonment for a maximum of 4 years. evidence and witnesses, in this case the investigator has received a report and conducted an examination of the reported party, reporter and witnesses and evidence of suspected criminal fraud, obstacles faced by investigators in handling criminal offense checks / bilyet giro in payment debt so the occurrence of termination of the investigation is because after examination of witnesses and evidence of the case is declared not included in the criminal act, because of a civil claim committed by the reported party against the complainant, but due to a pretrial claim by the complainant, the investigation examination continues until now.