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Herlina Hanum Harahap
Fakultas Hukum, Universitas Muslim Nusantara (UMN) Al Washliyah, Indonesia

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ANALYSIS OF THE PROOF OF THE ELEMENTS OF THE CRIME OF AGGRAVATED THEFT COMMITTED CONTINUOUSLY (A STUDY OF DECISION NO. 942/PID.B/2025/PN LBP) Ari Kuanda; Herlina Hanum Harahap
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
Publisher : CV. Barokah Publsiher

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Abstract

Based on the results of the study, it shows that the legal provisions for proving the elements of the crime of theft under aggravating circumstances carried out continuously (Case Study of Decision Number 942/Pid.B/2025/PN Lbp) have been determined in Articles 363 and 64 of the Criminal Code, Articles 183 to 189 of the Criminal Procedure Code. Obstacles to proving the elements of the crime of theft under aggravating circumstances carried out continuously are the limited accurate and strong evidence, the difficulty of proving the continuing and aggravating elements, negligence and incompleteness of the chronology of events. Solutions to proving the elements of the crime of theft under aggravating circumstances carried out continuously (Case Study of Decision Number 942/Pid.B/2025/PN Lbp) include requesting expert testimony, encouraging the collection of additional evidence, analyzing evidence comprehensively, comparing witness and suspect statements, using other supporting evidence, and reconstructing the incident.
JURIDICAL ANALYSIS OF THE APPLICATION OF PUNISHMENT AGAINST PERPETRATORS OF GAS CYLINDER THEFT WITH AGGRAVATING CIRCUMSTANCES (A CASE STUDY OF DECISION NUMBER 204/PID.B/2025/PN BINJAI) Herbert Jonson Leydeker Silaban; Herlina Hanum Harahap
Jurnal Ilmu Hukum dan Keadilan Vol 1 No 1 (2026)
Publisher : CV. Barokah Publsiher

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Abstract

Based on the results of the study, it shows that the qualifications for aggravated gas cylinder theft reviewed from the Indonesian Criminal Code can be distinguished into ordinary theft and aggravated theft. The judge's consideration of proving the elements of the crime of aggravated gas cylinder theft in decision number 204 / Pid.B / 2025 / PN Binjai has been done well, but there are still shortcomings such as only based on evidence in the form of CCTV recordings, 60 gas cylinders, 1 navy blue t-shirt 1 batik patterned pants worn by the defendant when committing the theft, and the testimony of witnesses who did not see and hear directly the event and only witnessed based on CCTV recordings. Obstacles and constraints in applying criminal penalties to perpetrators of aggravated gas cylinder theft in decision number 204 / Pid.B / 2025 / PN Binjai include the problem of strong evidence, the perpetrator's socio-economic factors, limitations of surveillance technology, as well as aspects of policy and resources of law enforcement officers.
Co-Authors Ari Kuanda Herbert Jonson Leydeker Silaban