CD Skripsi

Analisis Yuridis Ketentuan Unsur-Unsur Pasal Dalam Tindak Pidana Penipuan Pada Kejahatan Dengan Modus Gendam Melalui Telepon Di Indonesia

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ABSTRACT
One of the crimes that can use technological means is gendam. Gendam
itself is often used by the people of Indonesia to benefit themselves by using occult
knowledge to influence the human subconscious to match the requests of the users
of that knowledge. Gendam is an unseen science that can affect the human
subconscious using the power of one's spiritual or metaphysical inner energy, so
that people who are exposed to gendam science are like magic and instantly the
victim will obey whatever the owner of gendam wants. Actually, gendam science
is a Javanese cultural heritage which was originally used for treatment or to
influence someone for good. but nowadays gendam science is more likely to be
used for evil or to harm others.
This research is a normative juridical research that conceptualizes law as
a norm including values, positive law and court decisions. Legal materials are
collected by means of document studies and library research, namely by
combining primary, secondary and tertiary legal materials. Analysis of legal
materials is carried out by descriptive analysis, namely describing or explaining
what it is about a legal event or legal condition based on primary legal norms.
The conclusions that can be obtained from the results of the study are:
First, telephone crimes using gendam mode can be categorized into elements of a
criminal act of fraud if at the time the perpetrator has been confirmed to be
persuading but if the perpetrator in committing the gendam act does not use
deception, a series of lies or a false name then the act of the perpetrator cannot be
declared as a fraud. The act of the perpetrator who takes other people's goods by
means of gendam is not necessarily a fraud. The act of the perpetrator taking
other people's goods by means of gendam can be declared as fraud on the
condition that the actions of the perpetrator meet all the elements of fraud, but it
is possible that there are situations where the actions of the perpetrators who use
gendams to deceive their victims cannot be declared as fraud because there are
elements in fraud are not met. Second, the indictment in several cases of criminal
acts of fraud in crimes with the gendam mode via mobile phones which is the
prosecutor's juridical consideration does not clearly and definitively regulate the
act of gendam. The reason why the legal basis of Article 378 of the Criminal Code
is used as one of the judicial considerations of the prosecutor in the indictment is
because the elements contained in Article 378 of the Criminal Code have
similarities with the elements contained in the gendam act.
Keywords: Gendam, Crime, Fraud, Evidence, Indictment, Prosecutor.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 121 (0158)

Penerbit

Pekanbaru : Universitas Riau – Fakultas HUKUM – HUKUM PIDANA., 2021

Deskripsi Fisik

ix, 79 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 121 (0158)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Daus

Versi lain/terkait

Lampiran Berkas

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