Implementasi Hukum Terhadap Tindak Pidana Pencurian dengan Kekerasan dalam Keadaan Memberatkan Ditinjau dari Aspek Kriminologi (Studi Putusan No: 3653/PID.B/2016/PN.Mdn)

Abstract

Theft by violence is an act that is contrary to religious, moral, moral and legal norms, and is harmful to the livelihood and life of the community, nation and State in terms of national interests, the implementation of theft by violence is a negative behavior and detrimental to the moral society. This study will discuss the theft with violence which resulted in death in terms of criminological perspectives. In this study the researcher makes a problem formulation as follows: How is the cause of the crime of theft by force in the decision Number: 3653 / Pid.B / 2016 / PN.Mdn in terms of criminology, how is the accountability of the perpetrator of the crime of theft with violence, and how legal settlement process for theft crimes with violence in accordance with Decision Number: 3653 / Pid.B / 2016 / PN.Mdn. Violent theft is regulated in Article 365 of the Criminal Code. This means that the act of violence or the threat of violence is carried out before the act of taking things that want to be mastered, for example by hitting, slashing, shooting, etc., after that the thief takes the items he wants. This type of research is normative juridical namely the type of research carried out by studying existing norms or legislation related to the issues discussed. Researchers describe and analyze related cases according to the Medan District Court Decision No. 3653 / Pid.B / 2016 / PN.Mdn. The location of the study was conducted at the Medan District Court. Results of the Discussion of the Factors that Cause Violence by Violence Judging from Criminology there are 2 (two) internal and external factors. Intrinsic Motivation Factors (Intern) consist of: Intelligence factors, Age factors, Gender Factors, Factors that are urgently needed for the economy. Extrinsic Motivation Factors (External) include: Educational factors, social factors, environmental factors. Accountability of the Criminal Actors with Violence on Decision No. 3653 / PID.B / 2016 / PN.Mdn. Based on the decision on the responsibility of the perpetrator of the crime of violence with a burdensome situation is to declare the Defendant of the DIRGAN HALAWA Als. DIRGAN has been proven legally and convincingly guilty of committing a crime "Theft by force and burdensome circumstances. To impose a criminal sentence on the Defendant therefore with imprisonment for: 3 (three) years and 8 (eight) Months. The process of legal settlement of criminal acts of theft with aggravating violence is carried out by the existence of reports or complaints from members of the public about the occurrence of a criminal act in the form of criminal acts of theft with incriminating violence.