Alasan Pemaaf terhadap Perbuatan Penipuan pada Kontrak Kerjasama antara PT. Marindi Jaya Sejahtera dan PT. Hellicarg Indonesia

Abstract

Criminal excuses have an important role in the Indonesian criminal law system, both as excuses (strafuitsluitings-gronden/feit de axcuse) and justifications (rehtsvaardigingsgrond). This study analyzes the point of contact between cooperation contracts and fraud, the concept of excuses in criminal liability, and its application in the case between PT. Marindo Jaya Sejahtera and PT. Hellicarg Indonesia. Using normative research methods, this study interprets the phenomenon of excuses through case studies and analysis of court decisions. The results of the study indicate that the point of contact between breach of contract and fraud lies in the good faith and initial intentions of the parties, where breach of contract can develop into fraud if there is evidence of malicious intent and trickery from the start to benefit oneself unlawfully. In the case studied, no elements of excuses were found that could eliminate PT. Hellicarg Indonesia's mistakes, so that if its actions are qualified as fraud, criminal liability can still be requested. Court decisions up to the cassation level emphasize more on the formal aspects related to the plaintiff's legal capacity than on the substance of the dispute, underlining the importance of compliance with the procedural aspects in the Indonesian justice system.