Jurnal Hukum Jurisdictie
Vol 2 No 1 (2020): Perkembangan Hukum Pidana dan Penegakannya

DISPARITAS PENAFSIRAN HAKIM DALAM TINDAK PIDANA PENIPUAN YANG TIMBUL DARI PERBUATAN WANPRESTASI

Gatot Rachmat Slamet (Universitas Islam As-Syafiiyah)
Syarif Fadillah (Universitas Islam As-Syafiiyah)
Muhammad Fahruddin (Universitas Islam As-Syafiiyah)



Article Info

Publish Date
04 Feb 2020

Abstract

There is a disparity in the interpretation of judges in cases of fraud and default on decisionsbecause in practice there have been many violations committed by one of the parties to theagreement. above is more complicated when there is no understanding among law enforcementofficials in determining the juridical boundaries between Fraud and Default. This research is anormative juridical research with a legal material search. The results showed that the Judges'Interpretation in Fraud Cases Arising From Default Actions in several cases that had beendecided, it appears that the Panel of Judges has a different interpretation regarding the elementsof deception. In the evidentiary practice, there has been inconsistency regarding the interpretation of criminal acts of fraud, especially regarding the elements of deception. There is an inconsistency from the Panel of Judges' disclaimer regarding the criminal act of fraud based on the case studies that occurred, for example in determining whether the fraud occurred before the agreement wasmade or after the agreement was made (tempus delicti).

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Journal Info

Abbrev

Jurisdictie

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Jurnal Hukum Jurisdictie is focused on publishing the original research articles, review articles from contributors, and the current issues related to Law Studies. The main objective of Jurnal Hukum Jurisdictie is to provide a platform for the international scholars, academicians, and researchers to ...