PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU TINDAK PIDANA PENCURIAN MELALUI AUTOMATIC TELLER MACHINE (ATM) (Studi Perkara Nomor : 72/Pid.B/2013/PN.Unh)

Abstract

The criminal acts through ATM theft is an act prohibited by a rule of law with the threat of sanctions in the form of specific criminal for anyone who violates the ban. In Case No. 72 / Pid.B / 2013 / PN.Unh. The problems discussed are 1) How consideration of the judge in applying the criminal at the crime of theft through ATM. 2) How criminal responsibility to the crime of theft through ATM. This type of research is normative juridical. Data used include secondary data. The data obtained through the study of documents. The data collected was analyzed qualitatively. Results of the study: 1) Consideration of judges in applying the criminal at the crime of theft through ATM. damning: the act of disturbing the public defendant, defendant has harmed the witness, the defendant has tarnished the good name and the trust BRI Unaaha the eyes of customers, ease: the defendant was polite in court, admitted and regretted his actions, the accused with witnesses have mutual peace. 2) criminal responsibility declare the defendant has proven legally and convincingly guilty of committing the crime of "theft", with imprisonment for 1 (one) month period of detention has been undertaken entirely deducted from the sentence imposed. application of the law used to judge the crime of theft of article 362 of Law Criminal Law (Penal Code), declare the defendant legally and convincingly proven guilty of committing the crime of theft, with imprisonment for 1 (one) month.

Keywords : consideration of judges, criminal liability, ATM