Pertanggung Jawaban Pidana Terhadap Pelaku Tindak Pidana Penggelapan dalam Jabatan Penjualan Deposit Pulsa (Analisis Putusan No. 793/Pid.B/2016/PN.Mdn)

Abstract

At this time there is often a case of crime of embezzlement in the position of sale of deposit pulses. This case can occur because of the opportunity and convenience, it is only based on trust, for example someone who owns a deposit store pulse entrust to the employee / sales to sell credit to customers and to quote money from customers to be deposited to the store cashier but it turns out sales it does not deposit money from customers to the store's shop so that the store is experiencing huge losses. Law enforcement against embezzlement in the sales position of the toll deposit has been done by law enforcers and has received many judges' rulings in court. But in fact the criminal liability in cases of embezzlement of sales of the deposit pulse not yet in accordance with the applicable article that is article 374 that is the article related to embezzlement. Based on the above problems the authors are interested to know the consideration in imposing the punishment on the perpetrators of embezzlement in the position of sale of deposit pulse on the verdict No.793 / Pid.B / 2016 / PN.Mdn. This research will be conducted in Medan District Court by taking decision with related case that is case about crime of embezzlement in this position is decision No.793 / Pid.B / 2016 / Pn.Mdn. The time of the research will be conducted in March 2018. The nature or the research design used in completing this thesis is a descriptive analysis that leads the research of normative law, that is a form of legal writing based on normative legal science characteristics The law regulates the crime of embezzlement in the position of the sale of the pulsa deposit in the district court which is imprisonment for 1 (one) year 6 (Six) Months in accordance with Article 374 of the Criminal Code, but in fact in the article of the Criminal Code which has "embezzlement by people the ruler of the goods caused by the employment relationship or due to liquefaction or due to get the wages, is punishable by imprisonment of maximum 5 years and in Article 372 whoever intentionally and against law has the ingredients of something wholly or partly or belonging to others, is in power not because the crime is threatened by embezzlement, with a maximum imprisonment of 4 years or a maximum fine of Rp.900-. Factors causing the perpetrators to commit a crime of embezzlement in the position of the sale of deposit pulses in the field court that is one of the social and economic factors, the possibility of the defendant to embezzle money pulse because of the many economic needs while the income is small. Situation factors that can be categorized as a trigger behavior of the perpetrators of criminal acts of embezzlement include the pressure of friends or groups or environments to participate embezzlement.