eprintid: 58485
rev_number: 11
eprint_status: archive
userid: 12243
dir: disk0/00/05/84/85
datestamp: 2023-05-11 02:33:55
lastmod: 2023-05-11 02:33:55
status_changed: 2023-05-11 02:33:55
type: thesis
metadata_visibility: show
contact_email: muchti.nurhidaya@uin-suka.ac.id
creators_name: Tania Octavia Putri, NIM.: 19103040092
title: ANALISIS PENERAPAN SANKSI PIDANA TERHADAP UPAYA MANGKIR UTANG-PIUTANG
(STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 1689 K/PID/2015)
ispublished: pub
subjects: il_huk
subjects: sim_pin
divisions: il_hum
full_text_status: restricted
keywords: debts; delict; fraud; tindak pidana; pemidanaan
note: Pembimbing:
Gilang Kresnanda Annas, S.H., M.H.
abstract: Indonesian society and debts could not be separated which supported by mutual assistance thus create helping habit in communal society. At one side, create a default become problem that could not be avoid, especially when both of debtor and creditor have a close relationship, there is a chance to did not specify the deadline for payment of debt. In terms of definition of contract, debt is a relationship involving assets/properties between two or more people which gives power to one party’s rights and at the same time obliges the other party to perform obligation. But nowadays, many debts start with bad faith which camouflage of fraud as stated in Supreme Court Decision Number 1689 K/Pid/2015.
The type of research in this study is library research, which is method of collecting written data, sourced Supreme Court Decision Number 1689 K/Pid/2015 based on Decision Number 382/Pid.B/2015/PN.Jkt.Utr and Decision Number 188/Pid/2015/PT.DKI, books, legislation, and written data released to this research. The approach in this research is normative juridical. This research is analytical descriptive, a method that functions to describe or provide an overview of the object under study through data or samples that have been collected as they are without analyzing and making conclusions that apply to the public. Therefore, the elements of th criminal act of fraud can be proven in court through the consideration taken by the judge. In addition, the judge’s decision must contain 3 (three) elements, namely legal certainty, justice, and expediency.
The result of the study shows that in deciding a case, besides having to pay attention to the legal side, the Decision must include 3 (three) elements, such as principle of legal certainty, principle of justice, and principle of legal advantage also the judge’s considerations are very important so that the act of avoiding paying debts committed by the defendant is not a default in private law but Fraud seen from the fulfillment of the elements in article 378 of KUHP.
date: 2023-01-24
date_type: published
pages: 137
institution: UIN SUNAN KALIJAGA YOGYAKARTA
department: FAKULTAS SYARIAH DAN HUKUM
thesis_type: skripsi
thesis_name: other
citation:   Tania Octavia Putri, NIM.: 19103040092  (2023) ANALISIS PENERAPAN SANKSI PIDANA TERHADAP UPAYA MANGKIR UTANG-PIUTANG (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 1689 K/PID/2015).  Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.   
document_url: https://digilib.uin-suka.ac.id/id/eprint/58485/1/19103040092_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf
document_url: https://digilib.uin-suka.ac.id/id/eprint/58485/2/19103040092_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf