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TINDAK PIDANA PENIPUAN OLEH NOTARIS DAN PERLINDUNGAN HUKUM BAGI PIHAK YANG DIRUGIKAN (Studi Putusan Mahkamah Agung Nomor 379 K/Pid/2021)
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| Subjek | : |
Fraud
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| Pengarang | : |
ANJENG KINANTAN
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| Pembimbing | : |
Setya Wahyudi,
Rahadi Wasi Bintoro
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| Prodi | : |
ILMU HUKUM S2
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| Tahun | : |
2024
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| Call Number | : |
345.026 3 KIN t
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
Notary is a public official who has the authority to make authentic deeds
however, in reality there are Notaries who commit criminal acts by falsifying
authentic deeds. This can be seen in the Supreme Court Decision Number 379
K/Pid/2021 stating that the Notary was proven to have committed a criminal act of
fraud under Article 378 of the criminal code and cause losses so that legal
protection is needed for the injured party however, in this case of falsifying an
authentic notary deed, can also be punished under Article 263 paragraph (1) or
Article 264 of the criminal code. This research aims to analyze the implementation
of criminal acts of fraud committed by Notary in the Supreme Court Decision
Number 379 K/Pid/2021 and analyze legal protection for parties who suffer losses
as a result of criminal acts committed by Notary.
This research is normative legal research with statutory, conceptual and case
approaches. The data source used is secondary data. Data collection was carried
out through literature study. Presentation of data in the form of systematically
arranged descriptions. The data analysis method is normatively qualitative.
The results of the research show that: First, The implementation of criminal
acts of fraud committed by Notary in Supreme Court Decision Number 379
K/Pid/2021 is not right because The charges used in this decision is alternative
charges so that the judge in deciding the case regarding the Notary's actions should
choose the crime of forgery rather than the crime of fraud. Second, Legal protection
for parties who suffer losses as a result of criminal acts committed by a Notary is
repressive legal protection is carried out by filing a lawsuit in court where the
defendant is a Notary to sue for the losses they have experienced, apart from that
the Notary can also be reported to the Regional Supervisory Council based on the
provisions regulated in Article 70 UUJN.
Keywords : criminal act of fraud, notary, legal protection.
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