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Muhammad Hizbullah
Fakultas Hukum, Universitas Muslim Nusantara (UMN) Al Washliyah, Indonesia

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THE THEFT CASE AT PANAI HILIR POLICE SECTOR VIEWED JURIDICALLY IN RELATION TO ARTICLE 364 OF THE CRIMINAL CODE AND SUPREME COURT REGULATION NO. 2 OF 2012 Tree One Maret Ritonga; Muhammad Hizbullah
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
Publisher : CV. Barokah Publsiher

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Police Sector from a juridical perspective based on Article 364 of the Indonesian Criminal Code (KUHP) and Supreme Court Regulation Number 2 of 2012 concerning the Adjustment of the Threshold for Minor Offenses and the Amount of Fines in the Criminal Code. The results of the study indicate that the implementation of Supreme Court Regulation Number 2 of 2012 in handling minor theft cases involving zinc at the Panai Hilir Police Sector has not been effective. This ineffectiveness is due to the limited understanding of law enforcement officers, the absence of explicit authority granted to investigators under the Regulation, the lack of technical guidelines at the police level, and a legal culture that remains formalistic. In addition, the provisions of Supreme Court Regulation Number 2 of 2012 normatively regulate the thresholds for minor offenses and the applicable mechanisms.
JUDICIAL CONSIDERATIONS REGARDING THE CRIMINAL ACT OF STREET ROBBERY (IN THE CASE OF DECISION NUMBER 380/PID.B/2025/PN MDN) Syadar Saragih; Muhammad Hizbullah
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
Publisher : CV. Barokah Publsiher

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Street robbery (begal) is a form of street crime that increasingly disturbs the public because it is carried out through violence or threats of violence in public spaces. In Indonesian positive criminal law, begal is not regulated as a separate offense, but is classified as theft with violence as stipulated in Article 365 of the Indonesian Criminal Code (KUHP). This study aims to analyze the legal construction of the crime of begal and to examine the judge’s legal considerations in Decision Number 380/Pid.B/2025/PN Mdn using a normative legal research method based on statutory, case, and conceptual approaches. The results of the study show that the legal construction of the crime of begal is formed by the elements of theft, violence or threats of violence, and aggravating circumstances as regulated in Article 365 paragraph (2) of the KUHP. In Decision Number 380/Pid.B/2025/PN Mdn, the panel of judges analyzed all elements of the offense systematically based on the facts revealed at trial and valid evidence. The judges’ considerations in rendering the decision reflect the principles of justice, legal certainty, and expediency through consistent and transparent application of the law, as well as the imposition of a proportional sentence that takes into account the interests of the victim and the rights of the defendant.
JURIDICAL ANALYSIS OF CRIMINAL SANCTIONS AGAINST PERPETRATORS OF ATTEMPTED THEFT USING FIREARMS (A STUDY OF DECISION NUMBER 286/PID.B/2025/PN SRH) Maruli Sihombing; Muhammad Hizbullah
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
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Based on the research results, it shows that the legal provisions for the crime of attempted theft using firearms are regulated in Articles 362, 363, 364, 365 of the Criminal Code, Article 53 of the Criminal Code, and Article 1 Paragraph (1) of Emergency Law Number 12 of 1951 concerning the Misuse of Sharp Weapons, Firearms and Explosives. The judge's consideration in deciding the case of the crime of attempted theft using firearms in Decision Number 286/Pid.B/2025/PN Srh is appropriate because it has considered the facts and evidence presented and connected them with the existing evidence. The legal analysis of the punishment for the perpetrator of attempted theft using firearms in the Decision of the Sei Rampah District Court Number 286/Pid.B/2025/PN Srh is inappropriate because it only sentenced the defendant to 9 years in prison. The crime of attempted theft with violence and possession and use of firearms without a permit should be sentenced to 12 years in prison.
JURIDICAL REVIEW OF THE CRIME OF SALAK FRUIT THEFT BASED ON ARTICLE 362 OF THE CRIMINAL CODE (A CASE STUDY AT THE DELI SERDANG CITY POLICE) Niko Kristopal; Muhammad Hizbullah
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
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This study aims to analyze the form and elements of the criminal offense of stealing salak (snake fruit) based on Article 362 of the Indonesian Criminal Code (KUHP), as well as to examine law enforcement against the perpetrators of such theft from a juridical perspective. The results of the study show that the criminal offense of stealing salak in the jurisdiction of Polresta Deli Serdang fulfills all the elements stipulated in Article 362 of the KUHP. The element of “whoever” is fulfilled because the perpetrator is a legal subject capable of bearing criminal responsibility. The element of “taking an object” is proven by the act of the perpetrator who took salak from a plantation without the owner’s permission. Salak, as an agricultural product, has economic value and falls within the category of property under criminal law. Therefore, the theft of salak can juridically be classified as a criminal offense of theft. The element of “wholly or partly belonging to another person” is established through the statements of the victim and witnesses around the scene of the incident, as ownership of the plantation and its produce forms the basis for legal protection of the victim. Furthermore, the element of “with the intent to unlawfully possess” can be inferred from the perpetrator’s attitude and actions in carrying or controlling the salak without legal right. Justifications such as merely taking the fruit for consumption do not negate the unlawful nature of the act. Accordingly, both normatively and empirically, the elements of Article 362 of the KUHP are cumulatively fulfilled
Co-Authors Maruli Sihombing Niko Kristopal Syadar Saragih Tree One Maret Ritonga