PENERAPAN PIDANA DALAM PERKARA TINDAK PIDANA SKIMMING YANG DILAKUKAN MELALUI MESIN ANJUNGAN TUNAI MANDIRI (ATM) (STUDI PUTUSAN NO.204/PID.SUS/2021/PN PDG)

Authors

Skimming is a type of Cyber Crime regulated in Article 30 Paragraph (2) of the ITE Law. The judge

decided on a prison sentence of 4 years and a fine of Rp. 50,000,000.- subsidair 3 months confinement

in judgment No. 204/Pid.Sus/2021/PN Pdg. Formulation of the problem (1) How is the criminal

application of the crime of skimming committed through an automated teller machine (ATM) in

judgment No.204/Pid.Sus/2021/Pn Pdg? (2) What is the judge's consideration in deciding the case of

skimming in judgment No.204/Pid.Sus/2021/Pn Pdg?. The type of research used is normative juridical;

the data sources used are secondary data in the form of primary, secondary and tertiary materials; data

collection techniques with the study of documents and collected data are analyzed qualitatively.

Conclusion: (1) Application of a maximum sentence of 4 years from a maximum sentence of 7 years

and a fine of Rp. 50,000,000. (fifty million rupiah) from a maximum fine of Rp. 700,000,000 (seven

hundred million rupiah) using the first alternative charge in accordance with article 30 Paragraph (2) Jo

article 46 paragraph (2) of the ITE Jo Law article 55 paragraph (1) of the Criminal Code. (2) The judge's

consideration is juridically in the form of: JPU indictments, statements of defendants and witnesses,

evidence and articles. Judges' considerations are non-juridical; the background of the defendant's actions,

the defendant's self-condition, the matters that aggravated and relieve the defendant.

Keywords: Application, Criminal, Skimming, Cyber Crime, ATM