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All Journal Journal Evidence Of Law
Roni Roni
Universitas Merdeka Surabaya, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice

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Analisis Yuridis Tindak Pidana Pencurian dengan Pemberatan (Studi kasus perkara nomor 1701/Pid.B/2024/PN Sby) Roni Roni; Bastianto Nugroho; Supolo Setyo Wibowo
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1563

Abstract

This study aims to analyze the application of legal provisions concerning the criminal act of aggravated theft as regulated under Article 363 of the Indonesian Criminal Code (KUHP), focusing on the case study of decision number 1701/Pid.B/2024/PN Sby. The research intends to identify the judges’ legal considerations, the conformity between the elements of the offense and the facts revealed during the trial, as well as the relevance of the verdict to existing doctrines and jurisprudence. The study employs a normative juridical research method with a case approach, supported by an examination of the court’s decision, criminal law literature, and applicable legislation. The data are qualitatively analyzed to assess the consistency of the judges’ legal reasoning. The research findings indicate that the judges accurately assessed the elements of aggravated theft based on the evidence presented in court. The rendered verdict reflects substantive justice as it considers both aggravating and mitigating factors for the defendant. This study highlights the importance of consistent law enforcement in aggravated theft cases to ensure legal certainty and protect the rights of victims
Co-Authors Bastianto Nugroho Supolo Setyo Wibowo