Analisis Yuridis Tindak Pidana Pencurian dengan Kekerasan yang Dilakukan Secara Bersama-Sama (Analisis Putusan No 145/Pid.B/2017/PN.Medan)

Abstract

The crime of theft lately has become more prevalent, where various forms of theft have disturbed people in everyday people's lives. Even the theft was carried out by two people or more by force. Some people have tended to be accustomed to and as if looking at the theft is a crime that is considered a necessity. The problem in this research is the form of offense theft with violence carried out jointly, and the basis of the Judge in imposing a criminal offense against the perpetrator of the crime of theft with violence together in Decision No. 145 / Pid.B / 2017 / PN.Medan. The research method in this writing is empirical juridical which means that a study which deductively begins the analysis of the articles in the legislation governing the issues discussed. The research approach aims to see whether between two or more variables have a relationship or correlation or not. This research is descriptive in the sense that it does not aim to test the research hypothesis but provides an overview of the reality of the legal rules used by law in imposing penalties on perpetrators of theft. Based on the results of this study regarding the form of offense theft in the main form has been regulated in article 362 of the Criminal Code with a maximum sentence of 5 (five) years and a fine of Rp. 900, - (nine hundred rupiah), if the theft is carried out violently and jointly then the punishment given is heavier, and the panel of judges based on their considerations has taken into account the things that alleviate and burden and pay attention to the absence of justification and forgiveness reasons for dropping criminal form of imprisonment for 2 years and paying court fees to the defendant as much as Rp. 2000, - (two thousand rupiah).