What type of study is this?

This is a Normative Juridical study.

September 10, 2025

Criminal Liability for the Perpetrator of Fraud with the Modus of Lending Motorized Vehicles

Key Points

The court imposed a 2-year and 6-month prison sentence for the fraud case involving motor vehicles.
Findings revealed that both objective and subjective elements of fraud were convincingly fulfilled.
Analysis utilized normative juridical methods through literature and document examination.
The study emphasizes the necessity of consistent law enforcement for justice and legal certainty.

Abstract

Fraud in the form of borrowing motor vehicles under false pretenses is a type of crime that exploits trust in social relationships and is often overlooked in legal discussions. This study aims to analyze the application of Article 378 of the Indonesian Criminal Code and judicial considerations in determining criminal liability in fraud cases using the case study of Decision Number 102/Pid.B/2024/PN Kotabumi. The research employs a normative juridical method using literature and document analysis to examine the legal framework and factual evidence. Findings indicate that the elements of fraud, both objective and subjective, were fulfilled convincingly. The court imposed a 2-year and 6-month prison sentence, considering both juridical and non-juridical aspects. This study highlights the importance of distinguishing fraud from civil disputes in cases involving personal relationships and emphasizes the necessity for consistent law enforcement to ensure justice and legal certainty.

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