PERTIMBANGAN HAKIM DALAM PENJATUHAN PIDANA TERHADAP PELAKU TINDAK PIDANA PENGGELAPAN KENDARAAN BERMOTOR: (Studi Putusan Pengadilan Negeri Atambua Nomor: 61/Pid.B/2020/PN. Atb)

Crime in the criminological sense is a human act that is dominated by thebasic norms of society, while juridical crime is a crime or evil act in the sense ofcriminal law that the crime is formulated in criminal regulations. One of the crimesregarding the misuse of motorcycles is the crime of embezzlement of motorcycle taxiswhich often occurs in IndonesiThe method in this study is normative juridical where the basis used is anexisting law, this research is descriptive in nature where the research is intended toprovide data that is as accurate as possible about humans, circumstances or hypothesesin order to help strengthen old theories or development of new theories. The type ofdata used in this research is to use primary data and secondary data.The results showed that on Friday, December 13, 2019 at around 14.30 WITAin Tubakioan, Fatukbot Village, Kec. South Atambua Kab. Belu, the defendant metwitness Oktaviana Helinora Ati at home by saying that she intended to use a blackHonda Revo Fit motorcycle with Police Number DH 5300 TM as a vehicle to returnedhome and at that time witness Oktaviana Helinora Ati agreed and ordered him to gohome immediately to return to motorcycle taxis. However, after more than 2 (two)days, namely on Monday, December 15, 2019, the defendant did not return home, couldnot be contacted and lost contact. Several months later the witnesses finally reportedthe case to the Belu Police for legal processing, because the defendant had controlledthe motorbike for 5 (five) months and did not have the good faith to return it to thevictim witness. The Defendant's actions have fulfilled the element of intentionally andunlawfully possessing goods that are wholly or partly owned by another person and thegoods are in his hands not because the crime has been fulfilled so that the Panel ofJudges sentenced the Defendant to imprisonment for 1 (one) year.Keywords: Judge's Consideration, Criminal Imposition, Crime of Embezzlement,Perpetrator's Motive