PENEGAKAN HUKUM TERHADAP PERKARA TINDAK PIDANA PENIPUAN MENGGUNAKAN CEK KOSONG (Studi Kasus Pidana Penipuan Dengan Menggunakan Cek Kosong di Pengadilan Negeri Semarang)

Widodo Arrys Setianto, Sri Endah Wahyuningsih

Abstract


Payments using a new check are considered valid if the amount of funds written in the check for issued by the bank, can be paid entirely by the banks. Payment by illegitimate check of course if there is no payment for the amount of funds written in the check. The formulation of this research (1) How is the process of law enforcement of criminal act of fraud by using blank check in Semarang District Court (2) How Judge Consideration in Decision Ruling against Perpetrator of Fraud Check Empty Check in Semarang District Court. The method used in this research is sociological juridical, The sociological juridical method is an approach that aims to describe a fact that is in the field based on legal principles and legislation. The finding of the research that (1) The element of crime charged to the defendant has been proven entirely, violating Article 378 of the Criminal Code is valid and convincing according to law. (2)The Panel of Judges considered that the defendant was a person who had the ability to account for his actions, and found no reason for the exclusion of prosecution, the excuse of forgiveness or justification. Then the defendant in prison for 8 (eight) months is entirely from the old imprisonment imprisonment.Keywords: Law Enforcement, Empty Checks, Fraud

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