Juridical Review Of The Crime Of Motorcycle Stealing Related To Article 372 Of The Criminal Code (Study Of Decision Number: 1367/Pid.B/2019/Pn Denpasar)

Abstract

This research aims (1) To analyze whether the perpetrator's actions fulfill the elements of the criminal act of motorcycle embezzlement under Article 372 of the Criminal Code (Study of District Court Decision Number 1367/Pid.B/2019/PN Dps), and (2) To analyze the judge's considerations in deciding the criminal act of motorcycle embezzlement based on Decision Number 1367/Pid.B/2028/PN Dps. This research uses ormative legal research, is typically conducted through document studies, using legal sources such as legislation, court decisions, legal theories, and scholars' opinions on the cases being handled. The data analysis technique used in this research is qualitative data analysis. The research results indicate that (1) In Decision Number: 1367/Pid.B/2019/PN Denpasar, the defendant was legally found guilty of committing the criminal act of embezzlement as regulated in Article 372 of the Criminal Code, which was not in accordance with the facts presented at trial. The element of unlawfulness was not fulfilled; thus, the defendant was legally proven to have violated Article 378 of the Criminal Code concerning Fraud. (2) The judge's decision in Decision Number: 1367/Pid.B/2019/PN Denpasar was inappropriate, as the judge sentenced the defendant to 10 months in prison, which is less than the penal threat stipulated in Article 372 of the Criminal Code, where the maximum penalty is four years, contradicting the principles of legality and justice for the defendant.