Penerapan Pasal Tindak Pidana Penipuan yang Berasal dari Perbuatan Wanprestasi Atas Giro Sebagai Jaminan Pembayaran Hutang Studi Putusan (No. 2748/Pid.B/2018/PN.Mdn) dan Studi Putusan (No. 490/Pdt/G/2017/PN.Mdn)

Abstract

The term bilyet giro comes from Dutch. Bilyet, which means letters and demand deposits, means deposits from customers at the bank which can be withdrawn at any time by check or by transfer. Bilyet Giro is an order from the customer to the bank that maintains the customer's current account to transfer an amount of money from the account concerned to the recipient whose name is mentioned at the same bank or other bank. Demand Deposits are deposits which can be withdrawn at any time using a check, bilyet demand deposit, other means of payment order, or by transfer. Issuers that issue blank bilyet giro will receive administrative sanctions in the form of inclusion of the customer's name on the Blank Giro Withdrawal Black List, and the customer is required to return the remaining unused bilyet giro forms. The name of the customer that is listed in the black list expires, and can then be accepted back as a bank customer. However, if the issuer of a blank bilyet giro there is an indication and it should be suspected that after the investigation process there is an element of fraud, a criminal sanction may be imposed as regulated in the Criminal Code. This type of research is juridical analysis. Analytical juridical research has the nature of analytical descriptive research. Analytical descriptive research is a study that describes, examines, explains, and analyzes a legal rule. This study uses a normative juridical method, with a qualitative approach. The normative juridical research method is a research method that refers to the legal norms contained in statutory regulations. Application of Criminal Acts Derived from Defaults on Demand Deposits as Debt Payment Collateral (study of Decision No.2748 / Pid.B / 2018 / PN-Mdn) and (Decision No.490 / Pdt / G / 2017 / PN-Mdn) dab integrated with secondary data obtained from library research (library research) aims to obtain concepts, theories and information as well as conceptual thoughts from predecessor researchers in the form of legislation and other scientific works. The results of this study indicate that the application of criminal acts originating from default on demand deposits as debt payment collateral (study of Decision No.2748 / Pid.B / 2018 / PN-Mdn) and (Putusan No.490 / Pdt / G / 2017 / PN -Mdn), what the Judge did was correct, because the judge in his decision stated that the Defendant's act was proven but the act was not a criminal act and released the Defendant from all legal charges (Ontslag van alle rechtsvervolging), with the consideration that the act committed was between the two party is a business relationship or mobile phone sale and purchase agreement that is in the civil domain category based on an agreement or agreement.