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Penanggulangan Tindak Pidana Pencurian Air Bersih oleh Pelanggan Suatu Penelitian Pada Perusahaan Daerah Air Minum Tirta Mountala Kabupaten Aceh Besar Ridha Nur Arifa
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 16 No. 2 (2022): Juli
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (318.762 KB) | DOI: 10.61393/tahqiqa.v16i2.79

Abstract

Combating the crime of theft is a countermeasure that focuses more on the repressive nature, namely actions taken after the crime has occurred by enforcing the law and imposing penalties for crimes that have been committed. The theft of clean water violates the provisions of PDAM Tirta Monutala and can also be subject to articles 362 and 406 of the Criminal Code. In the last 5 (five) years, 203 (two hundred and three) cases of theft of clean water have been found by customers, but the perpetrators of the theft have not been investigated by the police but have been administratively resolved. This paper examines countermeasures against the prevention of criminal acts of theft of clean water and obstacl in preventing the factors causing the crime of theft of clean water. Based on the results of the study, it was shown that the completion of the criminal case of theft of clean water at PDAM Tirta Mountala, Aceh Besar District, was that the perpetrators of the theft were not investigated by the police but were resolvedpeacefully by PDAM Tirta Mountala Aceh Besar with customers. 
PEMIDANAAN TERHADAP RESIDIVIS TINDAK PIDANA PENCURIAN DALAM KEADAAN MEMBERATKAN DI WILAYAH HUKUM PENGADILAN NEGERI TAPAKTUAN Ridha Nur Arifa
Jurnal Tahqiqa : Jurnal Ilmiah Pemikiran Hukum Islam Vol. 17 No. 1 (2023): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Al-Hilal Sigli Aceh- Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (289.503 KB) | DOI: 10.61393/tahqiqa.v17i1.83

Abstract

The definition of recidivism in the Indonesian Criminal Code is regulated in Article 486 of the Criminal Code, namely regarding repeat crimes involving assets and fraud. In these articles what is meant by a recidivist is stated to be repeating a crime for his actions, there is a threat of a sentence that is aggravated or added to one third. However, in practice in the jurisdiction of the Tapaktuan District Court, judges do not impose criminal charges against recidivist criminal acts of theft in aggravating circumstances. This paper examines the Basic Considerations of Judges in Imposing Decisions on Recidivist Criminal Acts of Theft in Aggravating Circumstances and Factors Causing the Repeated Crime of Theft in Aggravating Circumstances. Based on the discussion above, it can be concluded that in the judge's decision it was not aggravating because the perpetrator regretted his actions and promised not to repeat it again, the perpetrator was also polite in court and the perpetrator was honest in giving information. The factors causing the repetition of criminal acts of theft in aggravating circumstances are educational, economic, and religious factors.