CD Skripsi
Penafsiran Kitab Undang-Undang Hukum Pidana Tentang Pencurian Dalam Keluarga Terhadap Perkawinan Di Bawah Tangan Pada Putusan Pengadilan Negeri Teluk Kuantan Nomor 1/Pid.B/2020/Pn Tlk
ABSTRACT
In accordance with Article 6 of the Law on Judicial Powers (1) no one
can be brought before a court, unless the law provides otherwise, (2) no one
can be sentenced to punishment, except when the court is due to legal means of
evidence, get the conviction that someone who is deemed to be responsible, has
been guilty of the act he was accused of. Based on the interpretation of an
underhand marriage, it is a legal marriage in general, where if there is a theft
by one of the married couples under the hand, if the act occurs against the
property, the act is an act that is included in the embezzlement of goods in
accordance with the objective elements of Article 372.
The purpose of this research is, How is the legal process against theft in
a marital family under hand, and to find out how the interpretation of the
Criminal Code on cases of theft in a married family is under the hands of the
decision of the Teluk Kuantan District Court Number 1 / Pid.B / 2020 / PN Tlk,
This research will be compiled using the normative juridical research type,
namely research that is focused on studying the application of the rules or
norms in positive law. The approach used in this research is to use a normative
approach, namely literature law research.
The result of the research conducted by the author is that although an
offense is a complaint offense in this case in the form of a criminal act of theft
in the family to carry out an investigation into the offense, it is known that the
judge decides in cases of theft in the family of marriages under hand, it is
hereby only included in the in 362 KUHP because it fulfills the element of
taking something, which is wholly or partly owned by someone else, with the
intention of being illegally owned. Related to Article 372 of the Criminal Code,
is the formulation of the main form of the criminal act of theft in Article 362 of
the Criminal Code is an absolute formula with no exceptions. In other words,
whether anyone who also commits the crime of theft should be prosecuted and
if proven should be convicted.
Keywords: Interpretation - Marriage Under Hand - The
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