ANALISIS YURIDIS TERHADAP HAMBATAN HAKIM DALAM MENEGAKAN HUKUM DAN PEMULIHKAN ATAS KERUGIAN KORBAN TINDAK PIDANA PENGGELAPAN DI INDONESIA

Abstract

The crime of embezzlement is a form of an act of a person or legal entity against the law in the context of criminal law and harms other people or corporations, often the author finds cases of embezzlement that occur in the midst of people's lives, one of which often occurs is the crime of embezzlement in employment relationships, where initially the victim entrusts and provides capital to the perpetrator in the form of money or goods to be managed by the perpetrator In order to get profits and the results will be shared by the perpetrator with the victim in accordance with the agreement that has been agreed upon by the perpetrator and the victim, namely what percentage and when is the deposit ( week or month). But ironically, for a few months of carrying out the cooperation, often most perpetrators abuse the victim's trust, where the perpetrator who receives the mandate from the victim embezzles the trust, so that embezzlement occurs in the employment relationship. On the other hand, the judge in enforcing the law against the perpetrators of the crime of embezzlement is hindered by the criminal law regulations, so that the results of the author's analysis, when the consequences of the crime of embezzlement against the victim, cause considerable losses to the victim, the judge can only impose a prison sentence on the perpetrator of the crime, can only impose a maximum sentence of 5 or 6 years in prison and accompanied by an additional penalty in accordance with the judge's consideration. However, what needs to be considered is whether the rights of victims of embezzlement or their losses can be returned or restored, therefore the existence of LPSK plays an important role in helping the community subjectively to get compensation for losses due to embezzlement crimes.