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
DOI: https://doi.org/10.34005/jhj.v2i1.20
Keywords: Decision Disparity, Judge's Interpretation, Fraud Criminal. breach of contract)

Abstract

There is a disparity in the interpretation of judges in cases of fraud and default on decisions
because in practice there have been many violations committed by one of the parties to the
agreement. above is more complicated when there is no understanding among law enforcement
officials in determining the juridical boundaries between Fraud and Default. This research is a
normative 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 been
decided, it appears that the Panel of Judges has a different interpretation regarding the elements
of 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 was
made or after the agreement was made (tempus delicti).

Published
2020-02-04
How to Cite
Slamet, G. R., Fadillah, S., & Fahruddin, M. (2020). DISPARITAS PENAFSIRAN HAKIM DALAM TINDAK PIDANA PENIPUAN YANG TIMBUL DARI PERBUATAN WANPRESTASI. Jurnal Hukum Jurisdictie, 2(1), 81-100. https://doi.org/10.34005/jhj.v2i1.20
Issue
Vol 2 No 1 (2020): Perkembangan Hukum Pidana dan Penegakannya
Section
Articles

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