According to the Fraud Section of the Criminal Code 378
Book II, Chapter xxv KUHP load various forms of fraud is formulated in Article 20. Among the forms of fraud that have their own special name. Known as a criminal fraud is formulated in article 378.
The definition of theft under criminal law article 378:
Anyone who would benefit with the purpose of himself or another person against the law, either by using a false name or false circumstances, both intrigue and a series of deceitful words, encouraging things that provide goods or make clear the debt or receivables, punished because of fraud with imprisonment for a four-year period. [Brigjen. Drs. H.A.K. Moch. Anwar, S.H., (DADING), 1979: 40]
- Blandish / the other people with the tools cajoler / driving;
- Using a false name;
- Using the false;
- A series of words untrue;
- Submit the goods;
- To make debt; remove debt.
Subjective elements: the purpose of:
- Benefit themselves or others;
- Against the law.
Based on the Memory Van Todicting (MVT), crime in general, be the only person who does the act which is prohibited, and with the desired note.
The emergence kesengajaan can be based on the theory:
1. Theory will / Wills Theory
Kesengajaan the will is directed at terujudnya act as formulated in the wet.
2. Theory of knowledge / Voorstelling Theory
kesengajaan is the will to do with knowing the elements that required the formulation wet.
In the theory of knowledge: in itself will be covered knowledge. To enghendaki first things people should already have knowledge te itu.Untuk something we can prove kesengajaan two roads that lead to prove the causal relationship between the accused in the inner otif and destination, or verification of penginsyafan or understanding of what to do with the circumstances and consequences them, makssudnya is:
1. The accused knew the possibility of a result / condition which is the offense
2. Sikapnya of the possibility that if indeed arise, what is to be made, can disetujuinya
There are two types of dolus:
a. Dolus molus; if added to the act due to the perpetrator knows exactly that will happen. In other words, is deliberately and will know.
b. Dolus evantualis; the criminal acts done to realize that it is very likely to rise due to the occurrence of a particular law is prohibited.
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