Submission of Blank Checks as Fraud in Supreme Court Decision Number 1412 K/PID/2023

Abstract

Objective: This study aims to examine the legal considerations of the Supreme Court in Decision Number 1412 K/Pid/2023 regarding the qualification of handing over checks without funds in contractual transactions as a criminal act of fraud based on Article 378 of the Criminal Code, not solely civil default.

Theoretical Framework: The analysis is based on the doctrine of criminal law regarding mens rea, the distinction between fraud and default, the theory of criminal responsibility, and the jurisprudence of the Supreme Court regarding the use of blank checks as an instrument of fraud.

Methods: This study uses a normative juridical method with a case, legislative, and conceptual approach, supported by primary, secondary, and relevant jurisprudence sources.

Results and Discussion: The findings show that the Supreme Court affirmed the existence of an element of fraud through the active act of handing over checks without sufficient balance support, which created pseudo-trust and caused real losses. The element of malicious intent and a series of lies are the main distinguishing factors so that this case is considered to exceed the limit of civil default.

Research Implications: This ruling clarifies the demarcation between the civil and criminal realms, prevents excessive criminalization, while providing legal protection for victims of contractual manipulation.

Originality: This research contributes through doctrinal and jurisprudential interpretations that strengthen the parameters of the analysis of fraud and default differentiation in Indonesian criminal law.