ANALISIS TINDAK PIDANA PENCURIAN DAN PEMBERATAN YANG DILAKUKAN PADA MALAM HARI MENGAMBIL BARANG YANG BUKAN HAK MILIK

Abstract

Crimes of theft and aggravation committed at night have shown an increase. The increase in crime includes the modus operandi, the equipment used and the targets of the crime. Perpetrators of crimes tend to be bolder and more open in carrying out their actions so that it is very disturbing to society. The purposes of this study are: 1) To find out the policy of the crime of theft at night and the policy to prevent theft at night. 2) Factors that influence the occurrence of criminal acts of theft at night and how to prevent theft by weighting. 3) Application of material criminal law and the judge's consideration of the crime of theft by weighting in Decision Number 895/Pid.B/2022/PN.Tng. This research was conducted using two approaches, consisting of: normative legal research (normative juridical) and sociological research (empirical juridical). With data collection techniques through interviews, observation, and documentation. The results of the study show that theft at night does not necessarily include the crime of theft with aggravating qualifications in the context of Article 363 paragraph (1) 3 of the Criminal Code, but casuistically it still depends on the economic value of goods or objects that are the object of theft, as regulated by PERMA Number 2 of 2012. As in carrying out duties and authorities, especially in tackling criminal acts of theft at night as regulated in Article 14 paragraph (1) of Law No. 2 of 2002. The factors that influence are the economy, the opportunity and intention. In addition to having talent and bad character or being driven by sociological factors or there are other reasons that encourage the perpetrators to do this. In addition to this, theft arises because of the lack of vigilance and deterrence power of the community itself and disturbance of order. The provisions for aggravating the crime of theft committed at night based on decision number 895/Pid.B/2022/PN Tng are in accordance with the concept of positive law that applies in Indonesia with reference to the Criminal Code. The basis for the judge's consideration when deciding a case that is not only seen from the material (written) rule of law, the defendant is avoided from being sentenced to 1 (one) year in prison.

Keywords: Crime, theft, policy