PENYIDIKAN TINDAK PIDANA PENIPUAN TERHADAP JUAL BELI RUMAH YANG MEMENUHI UNSUR PERBUATAN BERKELANJUTAN (STUDI KASUS LP/B/572/VII/2023/SPKT/POLDA DIY)

Abstract

In daily life, various issues often arise, especially in this research, there is a prevalent issue such as ongoing fraud in buying and selling. This involves civil cases that contain criminal elements, such as fraud. An interesting phenomenon in this research is the presence of civil aspects that will be examined more from the criminal perspective, as well as the element of continuity within it, as outlined in article 378 of the Indonesian Criminal act as stated in Article 64, Paragraph 1 of the Indonesian Criminal Code. In this case, law enforcement must be implemented more strictly to achieve and realize the ideal of a just legal system. This research uses normative legal research with a legislative approach. The author uses both primary and secondary data. The secondary data consists of primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques were carried out through library research and field research. The data analysis technique in this study is qualitative descriptive analysis. The research result show that the investigation process of the fraud crime in the buying and selling of a house, which meets the ongoing elements in the police report number : LP/B/572/VII/2023/SPKT/POLDA DIY, is the same as the investigation process in other criminal cases. The investigation process was conducted in accordance with the legal procedures outlined in the Indonesian Criminal Procedure Code (KUHAP) and the Indonesian Criminal Code (KUH Pidana). The factors, influencing the investigation process in this case include five factors: legal factors, law enforcement factors, infrastructure and facilities factors, community factors, and cultural factors. Additional supporting factors include both internal and external factors.