Analisis Hukum Terhadap Tindak Pidana Pencurian dengan Pemberatan (Studi Putusan Nomor: 1674/Pid.B/2017/PN.Medan)

Abstract

Initially the word theft was considered as one of the taking words in a property belonging to someone else who took it without the permission of the owner. This word is also referred to in the informal form of other properties, such as robbery, art, looting, criminal exchanges and so on. Theft in its development, has become a disease of the community that unites crime and in the process of its generation can harm others.The problem raised is how is the basis for consideration in deciding a criminal case. And what aspects of justice for the perpetrators and victims in criminal acts. The research method in this paper is a type of normative juridical research whose nature of research is descriptive analysis to examine the data of decisions taken in case No. 1674 / Pid.B / 2017 / PN.Mdn. The technique of data collection is done by means of library research and field research. The data compiled was also descriptive analysis so that we could get a picture of theft with weights. In the consideration of the panel of judges who decided on a criminal case against the defendant in a hearing in Law No.48 of 2009 concerning the power of the Judiciary, which can be proven from the prosecutor's charges, evidence, evidence, statements of defendants and witnesses. In the trial and outside, the justice aspects received by the suspect are also entitled to obtain their obligations based on Article No.8 of Law No. 14 of 1976 concerning the Rights of Suspects / Defendants who adhere to all their rights during the trial and during the detention period / defendant who is seen as bad by the community, but they have the right to live and have the right what they should receive properly. In the trial as well as outside, not only the suspect must pay attention to his rights and obtain aspects of justice, but a victim must also be considered in order to obtain this. Law No. 13 of 2006 which adheres in part to the rights of victims in trials and outside and victims who suffer physical or mentally harm.