Pertimbangan Hakim Dalam Memutus Perkara Penggelapan (Studi Kasus Putusan PN. Boyolali Nomor 54/PID.B/2025/PN BYL dan Kasus Putusan PN. Pangkalan Balai Nomor 213/PID.B/2023/PN PKB)

Abstract

This paper analyzes how judges formulate their considerations when adjudicating offenses of embezzlement committed within official duties. The issue emerges because embezzlement referenced in Article 374 of the Criminal Code is treated as an action that offends professional norms, erodes institutional credibility, and produces considerable monetary damage. This study intends to investigate judicial and extra-judicial elements exhibited in the rulings of Boyolali District Court No. 54/Pid.B/2025/PN Byl and Pangkalan Balai District Court No. 213/Pid.B/2023/PN Pkb, and to discuss the doctrinal understanding of embezzlement in Islamic criminal law. A normative legal methodology is utilized, incorporating statutory interpretation and case-based analysis, along with qualitative procedures for data assessment. Results show that both verdicts considered aggravating elements (financial damage, misuse of entrusted authority) alongside mitigating ones (defendants’ cooperation and regret). The major variation is the use of participation provisions (Article 55) and continuing offenses (Article 64) in the Boyolali decision. From an Islamic legal perspective, khiyānah is treated as Jarimah Ta‘zīr, allowing flexible judicial discretion aimed at ensuring justice (al-‘Adl) and societal improvement (islāh)