Juridical Analysis of the Determination of Suspect Hellyana (Deputy Governor of Bangka Belitung) According to the Jurisprudence of Indonesian Criminal Law

Abstract

The determination of the suspect against hellyana as the deputy governor of the Bangka Belitung Islands in an alleged fraud crime raises two perceptions about the boundary between civil acts or criminal acts. This study uses a normative juridical method through a legislative approach by analyzing the juridical basis regarding the case on the fulfillment of elements as a criminal act, not just a default or territorial dispute. Based on the existing elements, it results that the act that occurred was not only a failure to fulfill the agreement, but involved fraudulent acts with deception that resulted in losses to the victim. Therefore, this case deserves to be processed as a criminal offense according to the Indonesian criminal law framework.