Tindak Pidana dan Pertanggung Jawaban Pidana Penghimpunan Dana Masyarakat Tanpa Izin Melalui Arisan Online (Analisis Putusan No.119/Pid.Sus/2017/Pn.Tanjung Pandan)

Abstract

The method of the arisan game that has changed which was initially only a means of friendship, finally became a means of collecting funds, arisan activities are basically activities that are not made through law in Indonesia where in reality the legal force of the agreement carried out in arisan both directly and online is very weak, the parties involved in the arisan can easily commit violations, such as in case file No.119 / Pid.Sus / 2017 / PN. Tdn on behalf of the convict Destari Sulis Putri. Based on the object of research as positive law, the type of research used in this research is normative juridical. As a normative juridical research, this research is also carried out by analyzing the law both written in books and decided by judges through the court process. The research results show that collecting public funds without a permit is qualified as a crime in banking crimes related to permits which are qualified as delicta omissionis. Qualification of criminal responsibility in the crime of collecting public funds without a permit in case no. 119/Pid.sus/2017/PN. Tanjung Pandan is a form of conditional intent or dolus eventualis, namely someone who carries out an action but does not intend the consequences, in other words, that even though someone does not intend the consequences, the criminal status and criminal liability for the crime of collecting public funds without a permit applied in No. 119 / Pid.Sus / 2017 / PN.Tanjung Pandan is still not appropriate but can be justified, because the online arisan activities that have occurred in the community cannot be considered arisan in general, and in particular the Arisan Online DSP activity managed by the Defendant in case No. 119 / Pid.Sus / 2017 / PN.Tanjung Pandan has far deviated from the meaning of Arisan contained in community customs, where there are activities collecting public funds on a large scale in the form of savings.