ARGUMENTASI PERMOHONAN KASASI PARA TERDAKWA BERDASARKAN JUDEX FACTI TIDAK CERMAT MENILAI ALAT BUKTI DAN PERTIMBANGAN MAHKAMAH AGUNG MEMUTUS PERKARA PENIPUAN (Studi Putusan Mahkamah Agung Nomor 1357K/Pid/2015)

P, DIPDHA SAPTAGITA (2017) ARGUMENTASI PERMOHONAN KASASI PARA TERDAKWA BERDASARKAN JUDEX FACTI TIDAK CERMAT MENILAI ALAT BUKTI DAN PERTIMBANGAN MAHKAMAH AGUNG MEMUTUS PERKARA PENIPUAN (Studi Putusan Mahkamah Agung Nomor 1357K/Pid/2015). Other thesis, Universitas Sebelas Maret.

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    Abstract

    DIPDHA SAPTAGITA PUPADEWA. E0013142. ARGUMENTS OF THE DEFENDANTS CASSATION APPLICATION BASED ON IMPRECISE EVALUATION OF EVIDENCE BY JUDEX FACTI DAN SUPREME COURT CONSIDERATIONSADJUDICATE FRAUD CRIMINAL (Study of The Supreme Court Decision Number 1357K/PID/2015). Faculty of Law Sebelas Maret University. This research study has an aim to find out the reason of cassation application by the Defendants based on imprecise evaluation of evidence by Judex Facti and consideration of Supreme Court judges in deciding the fraud case. This study classified as normative law research, specifically prescriptive and applied with case approach using primary and secondary law materials. Law materials collecting technique used was library and documents research. While in case of analyzing the law material, author used syllogism method with deductive thinking pattern based on major premise, that was relevant laws legislations and based on minor premise , that was law facts in Supreme Court Decision Number 1357K/ Pid/ 2015; can beconcluded. Based on the research result and its discussion, it can be concluded that the Defendantssubmitted cassationby the reason of imprecise evaluation of evidence by Judex Facti had been appropriate with the certainty on the Article 253 clause (1) word a Code of Criminal Procedure which the wrongdoing done by the Defendantsis not one of fraud criminal but its classified as tort, specifically counted as civil case due to debt agreement with land lots as guarantee owned by the Defendants. The Defendants should have paid her debt bythe agreed date of debt repayment but unfortunately she did not. That made the Victim felt tricked then she report the defendants wrongdoing and so the Defendants were decided at fault based onCode of Criminal Article378. Judex Facti was actually incorrect in term of judging guilty a quo in applying law of the Defendants main fault.Supreme Court consideration in deciding Cassation’s application had been appropriate with certainty on theArticle 256 Jo Article 191 clause (2) Code of Criminal Procedure which is Supreme Court granted the Defendants Cassation application and canceled punishment decision which has done by Judex Facti and decided to give Acquittal From Any Lawsuit due to the accusation to the Defendants. This decision was given due to the accusation addressed to the Defendants had been proven legitimate and convincing, but the wrongdoing done by the Defendants had been proven as not a criminal. Key words: Fraud, Cassation, Acquittal from any lawsuit

    Item Type: Thesis (Other)
    Subjects: K Law > K Law (General)
    Divisions: Fakultas Hukum
    Fakultas Hukum > Ilmu Hukum
    Depositing User: faizah sarah yasarah
    Date Deposited: 29 Apr 2017 23:57
    Last Modified: 29 Apr 2017 23:57
    URI: https://eprints.uns.ac.id/id/eprint/33682

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