ANALISIS PERTIMBANGAN HAKIM DALAM PENERAPAN PASAL 378 KUHP TERHADAP KASUS DOKTER GADUNGAN PT. PSS (Studi Putusan Nomor 149/Pid.B/2024/PN Sleman)

Abstract

This study analyzes the construction of judicial considerations in applying Article 378 of the Criminal Code to a fake doctor case in Decision Number 149/Pid.B/2024/PN Sleman, focusing on two issues: the qualification of diploma forgery as a deception element in fraud, and the judge's assessment of the medical profession as an aggravating factor. The study is motivated by normative ambiguity arising from interpreting fake diplomas as an element of deception, whereas document forgery constitutes an independent offense under Article 263 of the Criminal Code. Normative legal research was employed, utilizing statutory, case, and conceptual approaches, with primary legal materials drawn from the Criminal Code and secondary materials from relevant books, journals, and criminal law doctrines. The findings indicate that fake diplomas may functionally qualify as a means of realizing fraud insofar as they establish victim trust. However, legally, document forgery and fraud remain distinct offenses. Diploma forgery serves not only to deceive victims but also to unlawfully obtain medical status, while fraud specifically targets deception for material gain. Additionally, abuse of the medical profession constitutes a legitimate aggravating circumstance given the moral, ethical, and legal responsibilities inherent to the profession concerning public health, safety, and trust. This study concludes that careful judicial construction is essential to ensure legal certainty, justice, and consistency in criminal law application, particularly when a single act involves overlapping offenses.

Kata kunci: Fraud, Deception, Diploma Forgery, Medical Professional, Judge's Consideration.