PAYING SOMETHING WITH A CHECK THAT DOES NOT EXIST OR HAS INSUFFICIENT FUNDS CAN BE QUALIFIED AS FRAUD
In practice, checks are used to pay for something or fulfill an agreement. However, in several cases, the check that was used could not be disbursed
because there were not enough funds. In such a case, the Supreme Court has ruled that the act was an act of fraud through Decision No. 133K/Cr/1973. The decision states that a person who knowingly submits a check with no funds has conducted a ruse, as referred
to in Article 378 of the Criminal Code.
This view was then used in another decision, namely Decision No. 1036 K/Pid/1989, which stated that because the Defendant from the beginning had
consciously known that the check given to the victim-witness had no funds or were known as blank checks, the allegation of fraud must be considered proven.
Supreme Court Decision No. 133K/Kr/1973 and Supreme Court Jurisprudence No. 5/Yur/Pid/2018.
Source:
https://judian3.mahkamahagung.go.id/yurisprudensi/detail/11eae8d028d4ea60aea4303834353332.html
Best regards
Fredrik J. Pinakunary