<![CDATA[The Attempt in criminal law, often referred to as "poging," refers to the effort to commit a crime that has not been completed. In this case, even though there are no casualties, the perpetrator can still be subjected to legal sanctions because they have attempted a crime. This research aims to analyze the theory of attempt or "poging" from an ethical perspective in relation to the imposition of penalties for failed crimes. This research is a normative legal study with a conceptual, legislative, and philosophical approach. The research results affirm that from an ethical perspective, attempted crimes are intended as a preventive measure to ensure that the consequences of a crime do not occur, so that even in the preliminary process, criminal sanctions can already be imposed. This is also intended to ensure that every member of society can be protected from the consequences of a crime occurring, so that even in the preliminary process, criminal sanctions can already be imposed. The theory of attempt (poging) and its application in Indonesian criminal law has indeed caused several issues in the Old Penal Code, such as the unclear definition of when an act can be considered as the "beginning of execution" and the potential for disparities in judges' rulings due to the lack of clear regulations. Nevertheless, this has been regulated and improved in the New Penal Code]]>
Copyrights © 2025
