ANALISA PERTIMBANGAN MAJELIS HAKIM DALAM MEMUTUS PERKARA TINDAK PIDANA PENCURIAN DENGAN PEMBERATAN (STUDI KASUS PUTUSAN NOMOR: 198/PID.B/2020/PN SRL)

Abstract

Crime is increasing in various aspects of life, even though criminal law, both material and formal, as well as the punishment system have been implemented in eradicating crime. One form of crime is aggravated theft. The aim to be achieved is, firstly, to find out and analyze the application of the Material Criminal Law to perpetrators of criminal acts of theft with weights in decision number 198/Pid.B/2020/PN Srl. Second, to find out and analyze whether judges in giving sanctions to perpetrators of criminal acts of theft with weights reflect legal certainty. Third, to find out and analyze the considerations of the Panel of Judges in deciding criminal case Number: 198/Pid.B/2020/PN Srl. The research method used is normative juridical research. The research method used is the normative legal research method. The results of the research are first, theft in aggravating circumstances is translated as special theft, namely as a theft in a certain way so that it is more serious and therefore is threatened with a higher maximum sentence, namely more than five years' imprisonment or more than the previous sentence. threatened under Article 362 of the Criminal Code. Second, aggravated theft or theft is qualified as regulated in Articles 363 and 365 of the Criminal Code. Doctrine or legal theory (legal theory) plays an important role in guiding the Panel of Judges to formulate decisions that are of good quality and able to accommodate the objectives of the law, namely justice, certainty and usefulness of the law. The element of certainty in law is closely related to order in society, because certainty is the essence of order itself. Guarantees of legal certainty will emerge if the state has adequate and effective facilities to implement existing regulations. Certainty means a provision or determination. Third, based on the judge's considerations, which in his considerations refer to both juridical and non-juridical aspects, according to the author of decision number 198/Pid.B/2020/PN Srl, he has fulfilled the principle of legal certainty.  

Keywords: Crime, theft with aggravation, legal certainty.