Faktor Penyebab Terjadinya Tindak Pidana Penggelapan Dalam Jabatan Serta Analisis Hukum Terhadap Penerapan Sanksi Pidana (Studi Kasus Putusan Nomor 1117/pid.sus/2019/pn. Jkt.pst)

Abstract

The crime of embezzlement in office is regulated in Article 374 of the Criminal Code. This is an aggravated crime of embezzlement in the main form of Article 372 of the Criminal Code. This concerns the juridical provisions for criminal acts of embezzlement in office and how the law is enforced against perpetrators of criminal acts of embezzlement in office. Article 374 of the Criminal Code is only intended for perpetrators of criminal acts of embezzlement in private positions. Meanwhile, if the perpetrator of the crime of embezzlement holds a position within the government, then this is specifically regulated in another law, namely Law no. 20 of 2001 concerning the Eradication of Corruption Crimes. namely what often happens within an agency, which is carried out by someone who has a position and is highly intellectual, has a university degree and has power in his position, who looks for opportunities to act dishonestly to benefit himself, as was done by the defendant Rohmad, SE bin Karsono, for his actions as stated in decision Number 1117/ Pid.Sus /2019/ PN.Jkt.Pst was sentenced to imprisonment for 1 year and 6 months.