Perbedaan Pertimbangan Hakim Dalam Pembuktian Tindak Pidana Turut Serta Penggelapan Kekayaan Perusahaan Asuransi (Analisis Putusan PN No. 154/Pid.Sus/2021/PN.Jkt.Sel dan Putusan MA No. 5266 K/Pid.Sus/2022)

Abstract

Insurance is often a 'soft' means to benefit oneself or others in an unlawful manner. The crime of embezzlement of insurance company assets can be committed by one or more people. In the case of being committed by more than one person, it is necessary to see the form of involvement or participation of the perpetrator. Judges in examining and deciding a case obtain conviction based on evidence in court. The problems in this thesis are how to regulate the crime of embezzlement in the insurance sector?, how is the decision to acquit from all legal charges due to actions that intersect between civil law and criminal law?, what are the differences in the judge's considerations in the decision to acquit from all legal charges and the decision to punish the crime of participating in embezzlement of insurance company assets in the District Court Decision No. 154/Pid.Sus/2021/PN.Jkt.Sel and Supreme Court Decision No. 5266 K/Pid.Sus/2022?. The type of research used is normative legal research with the approaches used, namely the legislative approach and the case approach, the type of data used is secondary data with data collection techniques through literature studies, then the data obtained is analyzed qualitatively to answer the problems. The regulation of criminal acts of embezzlement in the insurance sector is regulated in Article 77 of the Insurance Law and Article 73C of the P2SK Law. In the decision to acquit all legal charges based on the reason or consideration that the defendant is proven to have committed an act but the act is not a criminal act but an event that falls within the realm of civil law, there is a point of contact between criminal law and civil law. In the decision of the District Court No. 154/Pid.Sus/2021/PN.Jkt.Sel, the judge in his legal considerations stated that the defendants were proven to have committed the acts charged but not criminal acts but rather business legal acts in the civil realm. Different from the cassation decision, in Decision No. 5266 K/Pid.Sus/2022, the Supreme Court Justice in his legal considerations considered that the actions of the Defendants in manipulating so that the appreciation funds obtained appeared legitimate were clearly criminal acts.