CD Skripsi

Analisis Yuridis Pertanggungjawaban Pidana Pembuat Stempel Yang Dipergunakan Konsumen Untuk Tindak Pidana Dikaitkan Dengan Ajaran Kausalitas

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ABSTRACT
In the Penal Code (Penal Code) article 263 governs the crime of mail
forgery. There are several actions that belong to the type of mail forgery, one of
which is the creation of stamps that can cause the stamp maker to also be held
accountable. But in reality, the stamp was only used as a means of evidence in the
trial. This is known from the example of the Case Verdict Number:
1293/Pid.B/2018/PN. Pekanbaru with defendant Agus Salim Ahim,
Number:325/Pid.B/2013/PN. Pekanbaru with defendant Masrizal, and Number:
423/Pid.B/2017/PN. Pekanbaru with defendant Madi Permana Sesa states that
the stamp is only used as a tool of evidence seized for destruction. Criminal
liability is often also associated with the doctrine of causality. Causality is used as
a "filter" in establishing a person's criminal accountability. As a filter, causality
will filter out any factual actions committed by the perpetrator, after the factual
action is netted the next will be sought legal action. By finding his legal action, a
person will be held accountable.
The crime of stamp forgery is already very detrimental to society. Many
stamps from various government agencies are often forged by the public and even
State officials. Not all actions proven by the elements can lead to the perpetrator
being punished if he or she cannot be blamed so criminal responsibility cannot be
held. In practice many cases involving people in good faith are also held
responsible for such crimes. One of them is a stamp maker. But as the basis of the
judge's consideration in making a verdict is generally the same. The purpose of
writing this thesis is; first, To know the accountability of stamp makers that
consumers use for criminal acts is associated with the doctrine of causality.
Secondly to know the consequences of the breadth of criminal liability is
associated with the doctrine of causality. This type of research is normative
research, using an analytical approach. This method of thesis writing research
uses normative juridical methods.
From the results of research and discussion there are two main things that
can be concluded. First, the Criminal Penal Order is not used in detail when a
cause can be cited as a punishable consequence. Therefore, there are various
theories about causality: Conditio Sine Qua Non theory, the theory that
individualizes, and the generalizing theory. The generalized theory is divided into
2 namely: subjective adequat theory and objective adequat theory. Stamp makers
cannot be held liable if reviewed under the Penal Code, as in the example case
inverdictnumber:1293/Pid.B/2018/PN.Pbr,Number:325/Pid.B/2013/PN.Pbr,andN
umber:423/Pid.B/2017/PN.Pbr states that the stamp is only used as a tool of
evidence seized for destruction. But if it is associated with the doctrine of
causality then the stamp maker can be held accountable. Second, the
consequences of the law generated from the breadth of accountability cause
people who are in good faith to also be held accountable in a criminal offence. As
in the case of stamp forgery if associated with causality based on subjective
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adequat theory then stamp makers can be convicted in the case of stamp forgery
and can be held accountable. Because according to this theory if the stamp maker
knows that the stamp will be used by consumers for criminal acts then the stamp
maker is considered to be the cause in the case of the forgery of the stamp.
Keywords : Criminal Liability, Forgery, Stamp Maker, Doctrine Of Causality

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 120 (0246)

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2020

Deskripsi Fisik

ix, 79 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

-

Klasifikasi

09 04. 120 (0246)

Tipe Isi

-

Tipe Media

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Tipe Pembawa

-

Edisi

-

Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Daus

Versi lain/terkait

Lampiran Berkas

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