LEGAL MEMORANDUM
PENDAPAT HUKUM TENTANG PEMENUHAN UNSUR TINDAK PIDANA PENCURIAN YANG DILAKUKAN OLEH KARYAWAN PERUSAHAAN
This research is motivated by the increasing development of crimes in Indonesia,
one of which is stealing. Theft is a criminal offense that is rampant in everyday life.
This Memorandum of Law discusses the crime of theft committed by X who is an
employee of the Company. The essence of the case is that X is suspected of
committing theft, but the stolen goods are stored in a locker and are still within the
company or are not traded. This study aims to determine the fulfillment of the
elements of the crime of theft committed by company employees. The problems that
occurred in the case became the researcher's attention to be used as material and
sources of information to research this Memorandum of Law. Based on the
description, the researcher found three problem identifications, namely 1. How is
the act of taking company goods committed by X qualified as a criminal offense of
theft, 2. How is the legal action taken by the company in the event of theft, 3. How
should the action be taken in the event of resistance by the employee?
In achieving this legal memorandum, researchers use an analytical tool in the form
of Legal Interpretation. Legal Interpretation is the application of positive legal
meaning to concrete legal events. In this legal memorandum, the researcher uses
the method of grammatical interpretation, and sociological interpretation.
The conclusions in this Memorandum of Law are first, X's actions are qualified as
a criminal offense of theft because they have fulfilled all the elements in the
formulation of Article 362 of the Criminal Code, second, legal actions that can be
taken by the company if there is a criminal offense of theft by employees, namely
reporting to the competent authorities, namely the Police, after which it is submitted
to the Prosecutor's Office to make an indictment and the Court decides the case,
and the third action that can be taken by the company if there is resistance by
employees, namely bipartite negotiations, tripartite such as conciliation, mediation,
and arbitration.
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