Analysis of Criminal Liability for Perpetrators of the Crime of Theft with Aggravation

Abstract

Crime is a deviant act, which has a disgraceful nature so that this act often gives rise to social sanctions in society. Acts that violate the law are acts that are contrary to religious norms, morals, decency, law and endanger the lives of society, nation and state. One of the acts that violates regulations or laws and disturbs the peace and tranquility of living together in society is the crime of theft. As in the case of motorbike theft in Pemalang which was tried at the Pemalang District Court with Decision Number 140/Pid.B/2023/PN Pml, it started with defendant I BY bin NANANG ALM, defendant II TR bin HARJO SUWITO committing the crime of theft with aggravation. . The approach method used in this research is a normative juridical approach. The research specifications used are normative descriptive, primary and secondary data sources and use qualitative analysis. This writing analyzes the problems analyzed using the theory of criminal responsibility and the theory of justice. The accountability of the perpetrator of the crime of theft under aggravating circumstances in decision Number 140/Pid.B/2023/PN Pml states that the panel of judges decided on their actions stating that defendant I BK bin Nanang and defendant II TR bin Harjo Suwito were legally proven and guilty of committing a crime under aggravating circumstances. regulated and threatened in Article 363 paragraph (1) 3rd and 4th of the Criminal Code with a prison sentence of 1 (one) year each. Legal liability regulations in Indonesia, especially for criminal acts of theft, still have several weaknesses which affect effectiveness in dealing with criminal acts of theft, such as in law enforcement where there are factors in law enforcement as follows: legal factors, law enforcement factors, community factors and cultural factors. The formulation of responsibility for the crime of aggravated theft does not only regulate articles with sanctions of imprisonment but there must be articles that regulate criminal sanctions of fines. In the formulation of these articles, prison sentences and fines are formulated or formulated in an alternative form.