ANALISIS KOMPARATIF TERHADAP TINDAK PIDANA PENGGELAPAN BERDASARKAN PASAL 372 UNDANG-UNDANG NOMOR 1 TAHUN 1946 DENGAN PASAL 486 UNDANG-UNDANG NOMOR 1 TAHUN 2023 TENTANG KITAB UNDANG-UNDANG HUKUM PIDANA

Abstract

ABSTRACT

A COMPARATIVE ANALYSIS OF THE CRIMINAL OFFENSE OF EMBEZZLEMENT UNDER ARTICLE 372 OF LAW NUMBER 1 OF 1946 AND ARTICLE 486 OF LAW NUMBER 1 OF 2023 CONCERNING THE INDONESIAN CRIMINAL CODE

RIAN NURJAMAN NIM. 82338240009

Embezzlement is one of the forms of crimes against property that frequently occurs due to the misuse of trust within a legally valid relationship. The development of Indonesia’s national criminal law through Law Number 1 of 2023 concerning the Criminal Code introduces changes in the formulation of embezzlement offenses, which were previously regulated under Article 372 of Law Number 1 of 1946. This study aims to analyze the application of Article 372 of Law Number 1 of 1946 and Article 486 of Law Number 1 of 2023, as well as to examine the comparison between these two provisions in Case Number 232/Pid.B/2024/PN Cms. This research employs a normative juridical method using a statutory approach, case approach, and comparative approach. The research data were obtained through a literature review of statutory regulations, legal doctrines, legal literature, and Decision Number 232/Pid.B/2024/PN Cms. The results of the study indicate that the application of Article 372 of Law Number 1 of 1946 by the Panel of Judges was appropriate because all elements of embezzlement were fulfilled, namely the lawful possession of another person’s property, which was subsequently transformed into unlawful possession. When analyzed based on Article 486 of Law Number 1 of 2023, the defendant’s actions still fulfill the elements of embezzlement. The differences between the two provisions lie in changes in terminology, refinement of legal formulations, and updates to the criminal fine system, while the substance of legal protection for property rights and the prevention of abuse of trust remains maintained.

Keywords: Embezzlement, Article 372 Criminal Code, Article 486 National Criminal Code, Comparative Criminal Law, Court Decision.