ZR and Partner

we are can help your problem

We Office
Kantor Advokat
Zainuddin H.Abdulkadir, SH & Rekan
alamat: Jl. Hasanuddin No. 83 B Kota Pontianak
fax.0561 773126
email : zanhak @gmail.com
konsultasi gratis
telp.0561 7566555
dengan Anselma, SH
Just For You
zwani.com myspace graphic comments
who online
Your Comments here

ShoutMix chat widget

Free Blog Content

Your music
You Tube
According to the Fraud Section of the Criminal Code 378
Monday, January 12, 2009
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]

Objective elements:
- Blandish / the other people with the tools cajoler / driving;
- Using a false name;
- Using the false;
- A series of words untrue;
- Duplicity;
- So;
- Submit the goods;
- To make debt; remove debt.

Subjective elements: the purpose of:
- Benefit themselves or others;
- Against the law.
Dolus (kesengajaan)

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.


posted by Zainuddin H.Abdulkadir @ Monday, January 12, 2009  

Post a Comment

agar blog ini lebih baik, kasi komentar ya

<< Home
About Me

Name: Zainuddin H.Abdulkadir
Home: Pontianak, Kalimantan Barat, Indonesia
About Me: Nothing ever happened in the past; it happened in the now, nothing will ever happen in the future;it will happen in the now.
See my complete profile
Previous Post
Template by

lbh mabm-kb

Blogger TemplatesFree Shoutbox Technology Pioneer Graphic Designer - Company Brand Design
Graphic Designer

 Subscribe in a reader

Subscribe in Bloglines

Submit Your Site To The Web's Top 50 Search Engines for Free!

Subscribe in podnova

Powered by Blogger

Life is Such a Wonderful Thing

Sonic Run: Internet Search Engine

Powered by FeedBurner

Blogger Templates