PENEGAKAN HUKUM TERHADAP PERUSAHAAN YANG MELAKUKAN PENAHANAN IJAZAH BERDASARKAN PASAL 374 KUHP TENTANG PENGGELAPAN OLEH KEPOLISIAN RESOR KOTA PEKANBARU

Abstract

Some companies implement agreements that require workers to deposit
diplomas as job security on the grounds of contract insurance that is because employees
who often feel uncomfortable working and exit before the contract expires. The award
of this diploma is done by the company with the reason that its employees can work at
least until the contract of work contract is finished so as not to harm the company.
Another reason that companies often use is to proof the seriousness of workers will
implement the work agreement well during the work period. If it does not meet the
contents of the contract agreement, the company will impose administrative sanctions
on the workers. The purpose of this study is to determine the process of investigation of
companies that conduct diploma detention in Pekanbaru and law enforcement against
companies that make custody of diploma under article 374 of the Criminal Code about
embezzlement by Pekanbaru City Police.
The type of this research is sociological law research with case study method
that is used to research the truth of an event that happened by observing an object in the
form of state, individual and community. whereas if viewed from the nature of this
research is descriptive. This research uses primary data and secondary data.
The results of this study is the process of investigation of companies conducting
detention of diplomas in Pekanbaru still in the stage of investigation. The requirement
of the latest education certificate is usually requested by the company when the
prospective worker is accepted to work in the company as a guarantee that the worker
does not leave before the contract expires. The request for this diploma is then poured
into a work agreement containing the terms of employment, rights and obligations of
the parties including the submission of a diploma guarantee to be signed by the workers
and the company. If the employee has resigned by submitting a monthly resignation
letter (one month notice), and has fulfilled the conditions stipulated in the submission of
resignation, then the agreement contained therein shall be expired. This enables the
parties to return the rights of each party requested including a diploma. But there are
still many companies that violate agreements that have been agreed so that this is
detrimental to employees. Law enforcement against companies that conduct diploma
detention under section 374 of the Criminal Code on embezzlement by Pekanbaru City
Police Force. The detention of a diploma by a company is a fraud. Fraud committed by
the company in the possession of goods in the form of a diploma of workers due to a
working relationship may be subject to a five-year criminal penalty.
Keywords: Law enforcement, detention of diploma.