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Perpustakaan Fakultas Syariah dan Hukum
UIN Syarif Hidayatullah Jakarta

This research uses normative legal research methods or what is also
known as library legal research, because the object that the author examines is
court decisions. Based on the normative research method, the approach taken is in
the form of a statutory approach and case approach. Through this method,
researchers collect various data from various sources to be processed with the
results presented in narrative form.
The results showed that in determining the criminalization of the
defendant, the judge did not only look at the elements of the indictment that had
been fulfilled but also looked at the elements of criminal responsibility of the
defendant. While in Islamic law, the agreement that has not been fulfilled and the
many lies that have been committed by the defendant are not in accordance with
the principle of honesty (al-shidq). So that these actions can be categorized into
jarimah ta'zir whose punishment is determined by the judge both the type,
amount, and implementation of the punishment. However, the judge in deciding
the case does not only look at the juridical aspects but also the philosophical and
sociological aspects. In this case, if the defendant RS is held criminally
responsible, the rights of PT HPG will not be fulfilled, namely receiving the funds
promised by the defendants RS and CI. Therefore, in order for the victim's rights
to be fulfilled, the defendant RS should be held civilly liable, not criminally, in
order to provide justice and benefit for the victim.

108/PMH/2024

108/PMH/2024

Perpustakaan FSH Lantai 4

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