ANALYSIS OF CRIMINAL LIABILITY FOR THE CRIMINAL ACT OF EMBEZZLEMENT IN THE WORK ENVIRONMENT

Abstract

This embezzlement in the work environment is one form of crime against property that occurs due to the abuse of trust within the employment relationship between an employee and a company. This act not only causes material losses to the company, but also damages the trust that serves as the foundation of employment relations. This research aims to examine the judges’ legal considerations in imposing criminal sanctions on perpetrators of embezzlement in the work environment in Decision Number 493/Pid.B/2024/PN Jkt.Pst, and to analyze whether the decision of the panel of judges has fulfilled the sense of justice for the company as the victim of the criminal act of embezzlement. The research method used in this thesis is normative legal research, namely research that examines law as a norm by using primary legal materials, secondary legal materials, and tertiary legal materials. This research is descriptive in nature, with data collection techniques carried out through library research. The data obtained were then analyzed qualitatively, logically, systematically, and normatively juridically by connecting the applicable legal provisions with the legal facts contained in the court decision. The results of the research show that embezzlement in the work environment occurred because the defendant obtained control over money not through a criminal act, but through an employment relationship as a collector whose duty was to receive installment payments from debtors. However, the money that should have been deposited to the company was instead used for personal purposes without the permission and knowledge of the company. In this case, the Public Prosecutor charged the defendant with alternative indictments, namely Article 374 of the Indonesian Criminal Code concerning embezzlement in office or Article 372 of the Indonesian Criminal Code concerning ordinary embezzlement. The panel of judges then considered Article 374 of the Indonesian Criminal Code because its elements were deemed to be in accordance with the facts revealed during the trial.