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Jenis | : |
KKM
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Judul | : |
TINDAK PIDANA TURUT SERTA MELAKUKAN PENGGELAPAN SERTIFIKAT TANAH (Studi Kasus Terhadap Putusan Pengadilan Negeri Semarang Nomor 256/Pid.B/2020/PN Smg)
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Subjek | : |
Criminal law
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Pengarang | : |
ALNA DWIE LESTARI
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Pembimbing | : |
Budiyono,
Dwi Hapsari Retnaningrum
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Prodi | : |
ILMU HUKUM
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Tahun | : |
2024
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Call Number | : |
345.026 24 LES t
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Perpustakaan | : |
Fakultas Hukum
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Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
The joint crime of embezzlement refers to a collaboration between two or more
people having the intent to commit embezzlement jointly. This study aims to
determine the judge's considerations in applying the elements of a criminal act to
participate in embezzling land certificates, and the basis for the judge's legal
considerations in imposing a sentence on the defendant. With the method of
normative juridical approach. Specifications for descriptive analysis research, secondary data sources Semarang District Court Decision Number 256/Pid. B/2020/PN Smg. Based on the results of research and discussion, it is found that the Judge's
consideration in applying the elements of the crime of participating in the
embezzlement of land certificates in the Semarang District Court Decision
Number 256/Pid.B/2020/PN Smg. The panel of judges who examined and tried
this case was appropriate in applying the elements of the crime as formulated in
Article 372 Jo Article 55 Paragraph (1) to 1 of the Criminal Code. The basis for
the legal considerations of the Semarang District Court Judges in sentencing the
defendant in Decision Number 256/Pid.B/2020/PN Smg. First, the judge used the
legal view in Article 372 of the Criminal Code Jo. Article 55 paragraph (1) to 1 of
the Criminal Code, the actions of the defendant have fulfilled the elements in the
article, second, the judge used the completeness of the evidence and testimony of
witnesses and testimony of the defendant, mitigating and aggravating
circumstances and facts revealed in the trial, third, is the subjectivity of the judge
himself. The judge considered that the defendant had willed his own actions. Keywords: Crime, embezzlement, participate, collectively
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