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Muhammad Sabir
Magister Hukum Fakultas Hukum Institut Ilmu Sosial dan Bisnis Andi Sapada
Law, Crime, Criminology & Criminal Justice

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A Legal Study of The Crimes of Theft, Extortion, and Theft With Aggrevals in Criminal Responsibility Andi Herman; Muhammad Natsir; Elvi Susanti Syam; Sunardi Purwanda; Muhammad Sabir
Ipso Jure Vol. 2 No. 11 (2025): Journal of Ipso Jure-December
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/v15q4j34

Abstract

This study aims to analyze the legal aspects of aggravated theft and the concept of criminal liability under Indonesian criminal law. Aggravated theft, as regulated in Article 363 of the Indonesian Criminal Code (KUHP), involves specific circumstances that increase the severity of the offense and consequently result in heavier punishment. The study examines the elements constituting aggravated theft, the factors considered in the determination of criminal responsibility, and the application of legal principles by courts in relevant cases. Using a normative juridical approach, the research employs a qualitative analysis of legislation, legal theories, and judicial decisions related to aggravated theft. The findings indicate that determining criminal liability in aggravated theft is not only based on the actus reus (the criminal act) but also on the mens rea (the criminal intent) of the offender. Furthermore, the study emphasizes the importance of proportional punishment to ensure fairness and justice in law enforcement. This research contributes to a deeper understanding of how Indonesian criminal law upholds justice in handling aggravated theft cases
Co-Authors Andi Herman Elvi Susanti Syam Muhammad Natsir Sunardi Purwanda