ANALISIS PERTIMBANGAN HAKIM DALAM PUTUSAN MAHKAMAH AGUNG NOMOR 3950 K/Pid.Sus/2024 TERKAIT TINDAK PIDANA PENCUCIAN UANG

Abstract

The application of the criminal offense of embezzlement and the criminal offense of money laundering in Supreme Court Decision Number 3950 K/Pid.Sus/2024. This case originated from an error in the Bank BRI system that caused a large amount of funds to be transferred into the defendant’s account. The issue arose when the defendant used the funds and was subsequently convicted under Article 372 of the Indonesian Criminal Code and Article 3 in conjunction with Article 2 paragraph (1) letter q of Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering Crimes. This study aims to analyze the suitability of the judges’ considerations regarding the elements of embezzlement and money laundering offenses, as well as to examine the legal remedies available to the defendant. The research method used is normative legal research employing statutory and case approaches. Legal materials were obtained through library research consisting of primary, secondary, and tertiary legal materials, which were then analyzed prescriptively. The results of the study indicate that the judges considered the defendant to have fulfilled the elements of embezzlement and money laundering because the defendant continued to control and transfer funds known not to belong to them.