Jurnal Litigasi Amsir
Vol 10 No 4 (2023): Agustus

Kajian Yuridis Tindak Pidana Pencurian Dengan Pemberatan

Bahtiar Bahtiar (Kepolisian Resor Pinrang)
Muh. Natsir (Fakultas Hukum Institut Ilmu Sosial dan Bisnis Andi Sapada)
Herman Balla (Fakultas Hukum Institut Ilmu Sosial dan Bisnis Andi Sapada)



Article Info

Publish Date
05 Aug 2023

Abstract

This research was conducted with the following objectives to find out the application of material criminal law to the crime of theft by weighting in Decision Number: 263/Pid.B/2021/PN.PIN; and for the judge's consideration in deciding on the crime of theft with a weight in Decision Number: 263/Pid.B/2021/PN.PIN. The type of research used in this paper is the type of research used is Normative Legal Research which is legal research conducted by examining library materials or secondary data. Normative legal research is also known as doctrinal legal research. The results of the study: 1. The application of material criminal law by judges to Article 363 paragraph (1) to 4 of the Criminal Code in conjunction with Article 65 paragraph (1) of the Criminal Code. Where the actions and the elements of the Article match each other; 2. Legal considerations by the judge regarding accountability for the actions committed by the defendant with the consideration that at the time of committing his actions, the defendant was aware of the consequences, apart from the above, the judge also did not see any justification or excuses that could eliminate the unlawful nature of the act. Defendant.

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Journal Info

Abbrev

julia

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal Litigasi Amsir (JULIA), is a peer-reviewed journal published by the Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada. JULIA is published four times a year in February, May, August, and November. This journal provides direct open access to content on the principle of free ...