Utami, Retno Sri
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Sentencing Disparity in Violent Theft Cases: A Judicial Analysis of Surabaya District Court Decisions Utami, Retno Sri
Sangia Nibandera Law Research Vol. 2 No. 2 (2025): Sangia Nibandera Law Research, December 2025
Publisher : Faculty of Law, Universitas Sembilanbelas November Kolaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19655886

Abstract

This study analyzes the verdict of a case of theft with violence that occurred at PT Warna Andalan, Surabaya, where two defendants, Rizky Zakiri Hayatifanto and Ahmad Setijawan, were found guilty of committing the crime of theft of production machine cables weighing approximately 1000 kg. This study examines the judge's reasoning, the evidence and testimonies presented, and the defendants' defense. The results of the analysis show that the court applied the law strictly in accordance with Article 363 Paragraph (2) of the Criminal Code on theft with aggravation. The judge considered all of the physical evidence and testimony, as well as the confession and remorse of the defendants, in sentencing each defendant to three years imprisonment. This sentence aims to provide a deterrent effect and prevent similar crimes from occurring in the future. This research highlights the importance of fair and firm application of the law in maintaining community security and order.