追究利用欺骗手段实施商业欺诈犯罪行为人的责任(研究决定编号:130/Pid.B/2023/PN Kbu)

Yopi Maharani, Baharudin Baharudin, Indah Satria
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引用次数: 0

摘要

全球化时代是全世界的经济、技术、文化和政治日益相互联系和影响的时期。时代的发展和地球上出现的社会现象的传播,从来都是随着社会的发展和社会的动态而发展的。这种社会现象被称为犯罪行为。诈骗犯罪行为的形式多种多样,其发展程度也越来越高、越来越复杂,其中之一就是商业诈骗。刑法》第 378 条对欺诈罪本身做出了规定。本研究的问题是,根据第 130/Pid.B/2023/PN Kbu 号决定,导致以欺骗手段实施商业欺诈犯罪行为的因素有哪些,以及商业欺诈犯罪行为人的责任是什么。本研究采用的研究方法是规范法学方法和实证方法。这种规范方法是通过将法律问题视为适合规范法学研究的规则来进行的。规范法学研究是通过对理论问题的文献研究来进行的,即通过研究法律渊源、法律原则和学者意见以及适用的法律法规来进行的研究。实证研究法是通过与研究问题相关的观察和访谈对研究对象进行直接研究的方法。本研究结果表明,导致行为人实施商业欺诈欺骗罪的因素主要基于三个方面,即经济因素、机会因素和经常说假话的个人因素,这两个因素是导致被告人实施该行为的主要原因。虚假言论的存在,使被告人看似说的是真话,从而使他人产生信任或信心,产生利益关系,从而使被害人动心,交出财物。那么,以欺骗手段实施商业诈骗犯罪行为的行为人的责任,就是基于谎话使他人交出财物而导致诈骗犯罪行为的发生。在本案中,被告也被北楠榜警方逮捕。正如第 130/Pid.B/2023/PN 号判决书所指出的那样,作为公诉人的检察官对被告提出了 3 年 10 个月监禁的指控,法官随后判处被告 3 年 6 个月监禁。 作者的建议是针对那些希望开展商业活动的普通人,以便他们能够更加全面地了解将要与之开展业务的合作伙伴,从他们的出身、环境和在该领域的经验入手。不要立即被不一定会得到的结果所诱惑,因为这可能会对自己不利。政府/官员和社会各界可以加强对企业的监督,并加大对欺诈性商业行为的执法力度。这包括执法机构和其他相关机构之间的合作。鼓励社会各界参与举报,防止商业欺诈犯罪行为。通过采取这些措施,政府可以在保护潜在商业参与者方面发挥重要作用。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Accountability of Perpetrators of Criminal Acts of Business Fraud Using Deception (Study Decision Number: 130/Pid.B/2023/PN Kbu)
The era of globalization is a period where economics, technology, culture and politics throughout the world are increasingly connected and influence each other. The development of the times and the spread of social phenomena that occur on this earth never end in line with the social developments and dynamics that occur in society. This social phenomenon is called a criminal act. There are many criminal acts of fraud occurring in various forms and their development is increasingly high and complex, one of which is business fraud by deception. The crime of fraud itself is regulated in Article 378 of the Criminal Code. The problem in this research is what are the factors that cause committing criminal acts of business fraud by deception and what is the responsibility of perpetrators of criminal acts of business fraud based on Decision Number 130/Pid.B/2023/PN Kbu. The research method used in this research is a normative juridical approach and an empirical approach. This normative approach is carried out by viewing legal issues as rules that are considered appropriate to normative juridical research. Normative juridical research is carried out by means of literature studies on theoretical matters, namely an approach carried out by examining legal sources, legal principles and opinions of scholars as well as applicable laws and regulations. The Empirical Approach is an approach carried out through direct research on the research object by means of observation and interviews related to the research problem. The results of this research show that the factors causing the perpetrator to commit the crime of business fraud by deception are based on three factors, namely economic factors, opportunity factors and individual factors who often tell lies, both of which are the main causes of the defendant committing this act. The presence of false speech makes it seem as if the defendant is telling the truth, which creates trust or confidence in other people and interest, thereby causing the victim to be moved to hand over their property. Then the responsibility of the perpetrator of the criminal act of business fraud by deception is based on lying words that make other people hand over their property or objects resulting in the criminal act of fraud. In this case, the defendant has also been arrested by members of the North Lampung Police. The prosecutor as public prosecutor imposed charges on the defendant in the form of imprisonment for 3 (three) years and 10 (ten) months, which the judge then sentenced to prison for 3 years and 6 months as stated in Decision Number 130/Pid.B/2023/PN Mrs. The author's advice is aimed at ordinary people who want to carry out business activities so that they can be more thorough and understand first the partners they are going to do business with, starting from their origins, environment and experience in that field. Don't be immediately tempted by results that you won't necessarily get because it could be detrimental to yourself. The government/officials and all elements of society can strengthen supervision over business, as well as increase law enforcement against fraudulent business practices. This includes cooperation between law enforcement agencies, and other relevant agencies. Encourage the participation of all elements of society in reporting in order to prevent criminal acts of business fraud. By taking these steps, the government can play an important role in protecting prospective business actors.
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