Tindak Pidana Pencurian Kendaraan Bermotor dengan Penipuan dan Penggelapan: Studi Kasus Putusan Nomor 1451/Pid.B/2023/PN Medan

Abstract

This article aims to apply legal knowledge to the crime of motor vehicle theft with fraud and embezzlement which is based on the case study of decision number 1451/Pid.B/2023/PN Medan that correctly understands the judge's considerations in deciding a case and imposing a sentence for an act of theft in urgency. The approach used in this research is a normative juridical approach, namely based on reading the main legal sources. The legal material includes statutory regulations, the 1945 Constitution, and Articles 362, 372, and 378 of the Criminal Code (Criminal Code). As a way to obtain the results of research carried out using analytical instruments in the form of qualitative juridical. The results of the research show that the application of criminal law in Articles 362, 372 and 378 of the Criminal Code regarding theft, fraud and embezzlement is in accordance with legal evidence from the statements of witnesses, experts and defense counsel. And the perpetrator/perpetrator is considered to be in a healthy condition physically and spiritually, so that the perpetrator can admit his actions and be able to take responsibility for such actions. The judge's decision number 1451/Pid.B/2023/PN Medan was stated to be commensurate with the fulfillment of all the elements inherent in articles 362, 372 and 378 of the Criminal Code by taking into account the statements of the witnesses which were in line with the judge's expectations.