Afrah Ginna
Universitas Swadaya Gunung Jati

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JURIDICAL ANALYSIS OF THE DEFENDANT'S ACTIONS IN FULFILLING THE ELEMENT OF THEFT WITH THE BURDEN IN CASE NUMBER 135/Pid.B/2026/PN Sbr Ismayana Ismayana; Afrah Ginna; Dewi Amanda
Jurnal Abdisci Vol 3 No 7 (2026): Vol 3 No 7 Tahun 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/abdisci.v3i7.1297

Abstract

Background. Aggravated theft is a form of theft involving certain circumstances that result in a more severe criminal sanction. Aims. This study aims to analyze whether the elements of aggravated theft were fulfilled in Decision Number 135/Pid.B/2026/PN Sbr based on Law Number 1 of 2023 concerning the Criminal Code. Methods. This research employs a normative juridical method using a statutory approach and a case approach. The legal materials used consist of laws and regulations, court decisions, scientific journals, and legal literature, which are analyzed using a qualitative-descriptive method. Result. The results of the study indicate that the defendant's actions fulfilled the elements of aggravated theft as stipulated in Article 477 paragraph (1) letter e of Law Number 1 of 2023. These elements are met because the defendant took property belonging to another person without permission, with the intention of unlawfully possessing it, and committed the act at night inside a house. Conclusion. Therefore, the Panel of Judges' decision to find the defendant guilty of aggravated theft has a legal basis in the facts established during the trial.