Pembuktian Dakwaan Alternatif Penuntut Umum Pada Tindak Pidana Penipuan

Abstract

      This study aims to find evidence that the prosecution used as an attempt to prove the charges in alternative forms of criminal fraud by Article 184 Criminal Procedure Code. In March 2013, the witness and the witness Sarinah Nardi Marfu'ah Anis came to Untung Abadi Motor Dealer in the Karanganyar belongs to the defendant with the intention of buying a second car. The defendant speaks the words that the witness Nardi buy a new car just arguing with a new second car was not much, and buy a new car discount is much (promo) and drawbacks can witness Nardi pay later gradually. After hearing the words of the defendant tesebut witness Nardi interested in buying goods in the form of 1 (one) unit KBM price of Rp 163 million, - (one hundred and sixty-three million rupiah). Witness Nardi make the payment to the defendant gradually, but after six (6) months BPKB car has not been so. Witness Nardi several times asking BPKB the car to the defendant and the answer is not so, then the month of December 2013 there are officers leasing claimed from Andalan Finance, told the witness Nardi otherwise pay arrears cars, witnesses Nardi will be withdrawn he said terlambar installments, whereas the witness Nardi meleasing not the car. Based on that witness Nardi had been deceived by the defendant.

       This type of research that I use is a normative legal research, which was conducted by examining the legal materials consisting of primary legal materials and secondary law. In this study, the authors wanted to know the position of legal review relevant Minutes of committing a criminal act of fraud (Study Surakarta District Court's Decision No.84 / Pid.B / 2015 / PN.SKT)

      RESULTS: Evidence filed by the Public Prosecutor against the decision of escape from all charges in the case No.84 / Pid.B / 2015 / PN.SKT. Really guilty and proven against the law, and in violation of Article 184 Criminal Procedure Code.

      Keywords: Decision Prison, Alternative Indictment, an offense Fraud.