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KKM
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TINDAK PIDANA MEMBERIKAN KETERANGAN YANG MENYESATKAN DALAM PROSES PERJANJIAN JAMINAN FIDUSIA (Studi Putusan Pengadilan Negeri Cirebon Nomor 236/Pid.B/2021/PN. Cbn Juncto Putusan Pengadilan Tinggi Bandung Nomor 59/Pid.Sus/2022/PT. Bdg)
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| Subjek | : |
Fraud
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| Pengarang | : |
Viana Charisa Nugraha
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| Pembimbing | : |
Dwi Hapsari Retnaningrum,
Budiyono
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2025
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| Call Number | : |
345.026 3 NUG t
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
The criminal offense of providing misleading statements in fiduciary agreements
occurs when an individual intentionally conveys false information that can annul the
agreement. This study analyzes the application of the elements of fiduciary crimes
under Article 35 of the Fiduciary Law and the legal considerations made by the judges
in the rulings of Case No. 236/PID.B/2021/PN. Cbn and Case No.
59/Pid.Sus/2022/PT. Bdg. The research adopts a juridical-normative approach,
utilizing secondary data collected through literature study and analyzed qualitatively
and normatively. The findings of this study indicate that the application of fiduciary
crimes in the two rulings meets the requirements for criminal penalties, with the
defendants being proven to have provided misleading statements that invalidated the
fiduciary agreements. The defendants were also found to have been involved in the act.
The legal considerations made by the judges in sentencing in these cases include: 1)
The criminal act of providing misleading statements that invalidate the fiduciary
agreement, 2) The proof of the defendant's fault and their capacity for responsibility,
3) The evidence based on the provisions of Article 184 of the Indonesian Criminal
Procedure Code (KUHAP), and 4) Consideration of aggravating and mitigating
factors in accordance with Article 197 paragraph (1) letter (f) of the KUHAP. The
sentencing is based on the facts and evidence presented in the trial, with the aim of
achieving justice and deterrence, rather than retribution.
Keywords: Criminal offense, Misleading information, Fiduciary collateral
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