LEGAL MEMORANDUM
PENDAPAT HUKUM TENTANG PENGGUNAAN CEK KOSONG SEBAGAI JAMINAN DEBITUR KEPADA KREDITUR PADA SUATU PERIKATAN BISNIS DALAM PERSPEKTIF HUKUM PIDANA
A blank check is a check for which there are no funds or insufficient funds. So,
this check is less than the amount of funds available. Based on several jurisprudence,
the use of blank checks is a criminal act that violates Article 378 of the Criminal Code.
Issuance of blank checks by the director of PT. A as payment to PT. B to get the next
delivery order in accordance with the sugar sale and purchase agreement that has been
made between PT. A with PT. B to cause losses to PT. B, in this case, is a company
whose corporate budget comes from 99% of the state. The issues in this legal
memorandum are 1. Is the action of using a blank check carried out by the director of
the company PT. A for payment to PT. B is categorized as a criminal act of fraud or a
criminal act of corruption? 2. What criminal and civil measures can be taken by PT. B
in connection with a criminal act committed by the director of PT. A related to the use
of blank checks as payment to PT. B.
This research was carried out using legal interpretation, namely the process of
giving meaning that still adheres to the provisions of the law. The interpretation used
in this research is grammatical and systematic.
The results of this Legal Memorandum research are the actions carried out by
the director of PT. A can be qualified as a criminal act of fraud as regulated in Article
378 of the Criminal Code (KUHP), for the actions of the director of PT. A then PT. B
can make a report to the police as stipulated in Article 1 number 24 of the Criminal
Procedure Code (KUHAP) and PT. B can sue criminally or civilly.
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