Tinjauan Yuridis Terhadap Tindak Pidana Penggelapan Kendaraan Bermotor Roda Empat yang Dikaitkan dalam Pasal 372 KUHPIDANA (Studi Putusan No. 930/Pid.B/2016/Pn.Lbp)

Abstract

Crime can not be lost on its own, otherwise crime cases are becoming more frequent and the most dominant is the type of crime against property, especially which includes the criminal act of embezzlement. Embezzlement is a crime similar to theft in article 362, the difference is that the theft of the possessions is not in the hands of the thief and still has to be "taken" while in the embezzlement of the time the possession of the item is already in the hands of the maker not by crime. The problems in this research are judge's consideration in dropping the decision number: 930/Pid.B/2016/Pn.Lbp and obstacle in handling vehicle embezzlement case. The legal theory used in this research is the theory of justice, the theory of legal certainty and joint theory. The method of research in this writing is a normative method that collects literature data that is legislation, law books, judges verdict, mass media and scientific journals related to the problems discussed in this thesis. The result and discussion of this research is concerning the judge is to pay attention to things that lighten and burden and pay attention to the absence of justification and forgiveness to impose a criminal punishment of imprisonment for 2 years against the perpetrators and the obstacles in handling the case of embezzlement of four-wheeled vehicles is difficult to present witness who saw the crime and hard to present the perpetrators who had been outside the city.