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Jenis | : |
KKM
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Judul | : |
THE CRIME OF CIRCULATING COUNTERFEIT RUPIAH CURRENCY
WITH KNOWLEDGE OF ITS IN AUTHENTICITY (Case Study of the Decision of Purwokerto District Court Number 137/Pid.B/2023/PN Pwt)
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Subjek | : |
Counterfeits and counterfeiting
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Pengarang | : |
GHIFARY MALIK AKBAR SYAMARA PUTRA AKHMAD YANI
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Pembimbing | : |
Budiyono,
SetyaWahyudi
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Prodi | : |
ILMU HUKUM KELAS INTERNASIONAL
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Tahun | : |
2024
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Call Number | : |
345.026 68 YAN t
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Perpustakaan | : |
Fakultas Hukum
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Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
Crimes against currency, such as circulating counterfeit Indonesian
Rupiah, are frequently perpetrated by individuals using various modi operandi.
Spending it is a common action or modus operandi undertaken by perpetrators
distributing counterfeit Rupiah. This study aims to analyze the legal considerations
of judges in applying the elements of the crime of circulating counterfeit Rupiah as
known in the decision of the Purwokerto District Court Number 137/Pid.B/2023/PN
Pwt, and to analyze the legal basis for judges' considerations in imposing criminal
sanctions on the defendant in the Purwokerto District Court Decision Number
137/Pid.B/2023/PN Pwt. The research method employs a normative juridical
approach with descriptive analysis specifications, and data collection is conducted
through literature study methods. The secondary data source is the Decision of the
Purwokerto District Court Number 137/Pid.B/2023/PN Pwt. Based on the research
findings and discussion, it is evident that the legal considerations of the judges in
applying the elements of the crime of circulating counterfeit Rupiah, as known in
the decision of the Purwokerto District Court Number 137/Pid.B/2023/PN Pwt. The
panel of judges examining and adjudicating the defendant who spent Rupiah known
to be counterfeit, as formulated in Article 36 Paragraph (3) of Law No. 7 of 2011.
The defendant's actions were proven to meet the elements of the article beyond a
reasonable doubt, namely: The element of every person; The element of circulating
and/or spending Rupiah known to be counterfeit as referred to in Article 26
Paragraph (3). The legal basis for the judges' considerations in imposing criminal
sanctions on the defendant in the Purwokerto District Court Decision Number
137/Pid.B/2023/PN Pwt. Firstly, the judges employ the legal proof system theory
under Article 36 Paragraph (3) of Law No. 7 of 2011, as the defendant's actions
fulfill the elements of that article. Secondly, the judges utilized the completeness of
evidence such as testimonies from witnesses, expert testimonies, and the defendant's
testimony. Thirdly, considerations are made regarding mitigating and aggravating
circumstances concerning the defendant.
Keywords: Criminal Act, Circulating, Counterfeit Rupiah.
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