Legal Analysis of the Criminal Act of Embezzlement of a Motorcycle Pawned Without the Owner's Permission
Study of Decision Number 1446/Pid.B/2025/Pn Medan
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This study discusses the crime of embezzlement of a motorcycle pawned without the owner's permission based on Decision Number 1446/Pid.B/2025/PN Mdn. The study aims to analyze the legal regulations regarding the crime of embezzlement of a motorcycle pawned without the consent of the legal owner and the judge's considerations in making the decision. The method used is normative legal research with a statutory approach and a case approach. Data sources come from primary, secondary, and tertiary legal materials obtained through literature studies, then analyzed qualitatively. The results of the study indicate that the act of pawning another person's motorcycle without permission has fulfilled the elements of the crime of embezzlement as regulated in Article 372 of the Criminal Code, because the perpetrator intentionally controlled the goods under his control unlawfully. The judge declared the defendant guilty based on the trial facts, evidence, and the fulfillment of the elements of the offense. The decision considerations include legal and non-legal aspects, so that the decision is considered in accordance with the criminal law in force in Indonesia.
Adami Chazawi. Crimes Against Property. Malang: Bayumedia Publishing, 2003.
Adami Chazawi. Criminal Law Lessons. Jakarta: RajaGrafindo Persada, 2002.
Agustin, AA, Sinaga, MU, Karmila, F., & Hosnah, AU “Examination of Valid Collateral for Customers at Pawn Exchanges Conducted by Unlicensed Secondhand Goods Stores.” RECTUM JOURNAL: Legal Review of Criminal Action Handling, 6(2), 230–238, 2024.
Andi Hamzah. Principles of Criminal Law. Jakarta: Rineka Cipta, 2010.
Butar, AAB, Hasibuan, AL, & Trisna, W. “Legal Review of the Crime of Embezzlement (Study of Decision No. 9/Pid. B/2016/PN. Medan).” JUNCTO: Scientific Journal of Law, 2(2), 156–171, 2020.
Indriani, NN, Prabowo, AA, & Wahyono, D. “The Practice of Pawning Motorcycle Collateral that is Still Bound by Fiduciary Rights.” Locus: Journal of Legal Science Concepts, 6(1), 68–77, 2026.
Civil Code.
Criminal Code.
Lexy J. Moleong. Qualitative Research Methodology. Bandung: Remaja Rosdakarya, 2018.
Lilik Mulyadi. Judges' Decisions in Criminal Procedure. Bandung: Citra Aditya Bakti, 2007.
Moeljatno. Principles of Criminal Law. Jakarta: Rineka Cipta, 2008.
Nasution, AFA, & Saragih, YM “Juridical Review of Legal Protection of Victims' Rights in the Crime of Embezzlement of Pawned Motor Vehicles.” Judge: Jurnal Hukum, 6(02), 345–353, 2025.
PAF Lamintang. Fundamentals of Indonesian Criminal Law. Bandung: Citra Aditya Bakti, 2013.
Pakpahan, H. “Limitations on Criminal Liability of Cooperatives for the Debtor's Lack of Authority over Pawned Goods.” Jurnal Cakrawala Hukum, 11(2), 166–176, 2020.
Peter Mahmud Marzuki. Legal Research. Jakarta: Kencana, 2011.
Decision Number 1446/Pid.B/2025/PN Medan.
R. Soesilo. The Criminal Code (KUHP) and its Complete Article-by-Article Commentaries. Bogor: Politeia, 1996.
Simons. Leerboek van het Nederlandse Strafrecht.
Soerjono Soekanto. Factors Influencing Law Enforcement. Jakarta: Rajawali Pers, 2014.
Soerjono Soekanto. Introduction to Legal Research. Jakarta: UI Press, 2014.
Soerjono Soekanto and Sri Mamudji. Normative Legal Research: A Brief Review. Jakarta: RajaGrafindo Persada, 2015.
Sudarto. Law and Criminal Law. Bandung: Alumni, 1986.
Sudikno Mertokusumo. The Discovery of Law. Yogyakarta: Liberty, 2009.
Teguh Prasetyo. Criminal Law. Jakarta: Rajawali Press, 2012.
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