The Implementation of Criminal Sanctions against Persons of the Criminal Action of Embracing Money Around

Abstract

Cases of embezzlement of online gatherings must be dealt with firmly considering the large negative impact that is detrimental to society. However, the evidentiary system in online gathering embezzlement cases creates difficulties. Even though Law No. 11 of 2008 concerning Information and Electronic Transactions (UU ITE), in fact it has not been able to overcome the criminal acts that have occurred, especially the embezzlement of online social gathering money. Meanwhile, the Law on embezzlement has been drafted so much as in book II Chapter XXIV of the Criminal Code which consists of Articles 372, 373, 374,375 and 376, but has not been able to deter the perpetrators of online arisan. This also applies to social gatherings that are held offline. Therefore, in accordance with the judge's consideration in case 288/Pid.B/2016/PN.Smg which stated that the defendant was detained. However, the victims of arisan embezzlement have suffered material losses. The thesis entitled Application of Criminal Sanctions against Criminals Against Arbitrators of Money Arising (Case Study at the Semarang District Court) aims to examine and analyze criminal sanctions; consideration of judges in applying criminal sanctions and constraints as well as solutions in applying criminal sanctions to the perpetrators of the crime of embezzlement of money gathering at the Semarang District Court. This research uses a case study approach and is a type of normative juridical research. The data used is secondary data using legal materials related to narcotics and judicial power. The results of the study proved that the defendant was sentenced to 1 year and 10 months in prison. The balance of judges deciding cases is based on some evidence and there are obstacles to insufficient evidence. The solution is that it is hoped that the public will increase awareness in transactions and collaborate with the National Police to solve problems. The community is expected to be careful when participating in social gatherings both online and offline and must always use valid transaction evidence when handing over money and communications related to transactions to back up if something goes wrong.