CD Tesis

Penafsiran Hukum Terhadap Kata Dapat Dalam Pasal 263 KUHP Tindak Pidana Pemalsuan Surat

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One of the problems that occurs quite a lot in the community is the crime
of counterfeiting, which can cause a person or a party to feel disadvantaged. In
the crime of forging letters, there are often differences in interpreting Article 263
which contains the word can. Even though there are differences of opinion in
interpreting offense 263, in reality the loss is not only in material terms because it
is a disgraceful act to falsify something without the permission of the owner. As
for the formulation of the first problem, what are the implications of legal
interpretation for the responsibility for the crime of forgery of letters, second,
what is the legal interpretation of the word can in Article 263 of the Criminal
Code for the crime of forgery of letters. The research method in this thesis uses
the type of research used in writing this law is normative legal research, namely
an approach that is carried out by examining library materials or secondary data
on legislation related to research. The results of the study show that the
implications of legal interpretation for the responsibility for the crime of forgery
of letters greatly influence a decision. In fact, the responsibility for the crime of
forging letters is interpreted insofar as the act is carried out intentionally without
the permission or knowledge of another person who has the rights and authority
or something belonging to him, but if a forgery of letters is carried out, either
causing consequences or not yet causing consequences, then it is still deemed to
have committed a criminal act, because the criminal act referred to in Article 263
has the word can this means that it does not necessarily have to cause a loss.
Meanwhile, the legal interpretation of the word can in Article 263 of the Criminal
Code for the crime of forging letters must meet objective and subjective elements
and the person who uses the fake letter must really know that the letter is fake, if
he does not know then he cannot be punished. This knowledge is important
because of the intentional element of wanting knowledge and desire (willen en
wetten). Thus there must be an element of knowledge from the person using the
fake letter, as if the letter was true and not fake.
Keywords: Crime of Forgery of Letters; Legal Interpretation; Criminal liability;

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

2110246720

Penerbit

Pekanbaru : Universitas Riau – Pascasarjana – Tesis Ilmu Hukum., 2023

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

2110246720

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

ILMU HUKUM

Info Detail Spesifik

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Pernyataan Tanggungjawab

FATAH

Versi lain/terkait

Lampiran Berkas

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