PERTIMBANGAN HAKIM DALAM PERKARA PENIPUAN USAHA PANGKALAN LPG: ANALISIS PUTUSAN 851/PID.B/2024/PN TJK

Abstract

This study analyzes the judge’s considerations in a criminal fraud case involving an LPG depot business based on Decision No. 851/Pid.B/2024/PN Tanjung Karang. The research applies normative and empirical legal approaches by examining the elements of Article 378 of the Indonesian Criminal Code and the legal, sociological, and philosophical grounds used by the judge in rendering the verdict. The findings indicate that all elements of fraud were fulfilled, including the intention to unlawfully gain personal benefit, the use of deceit, and actions inducing the victim to hand over IDR 50,000,000. The judge imposed a sentence of 1 year and 6 months, considering valid evidence, the victim’s losses, and the broader social impact. This study highlights the importance of transparent judicial reasoning and recommends strengthening oversight of LPG depot licensing processes to prevent similar fraudulent practices in the future.