Jurnal Hukum Lex Generalis
Vol 6 No 7 (2025): Tema Hukum Pidana

Analisis Hukum Kualitas Alat Bukti Tindak Pidana Pencurian: (Studi Putusan Nomor 81/PID.B/2020/PN TOB)

Anshar, Anshar (Unknown)
Muhammad, Edhy (Unknown)
Abdulajid, Syawal (Unknown)



Article Info

Publish Date
25 Aug 2025

Abstract

This research examines the Quality of Evidence for the Crime of Theft in Decision Number 81/PID.B/2020/PN Tob.This research uses doctrinal legal research methods with statutory and conceptual approaches. The results showed that Decision Number 81/PID.B/2020/PN Tob which acquitted the defendant Hendri Novita alias Hendrik from the charge of theft showed that the quality of evidence submitted by the Public Prosecutor (JPU) did not meet the standard of proof as stipulated in Article 183 in this case, the testimony of witnesses could not prove that the defendant directly took or placed ore stones belonging to PT NHM into the car he was driving. although the element of the subject of law (the element of "who") has been fulfilled because the defendant was legally presented and his identity was recognized, the element of material action was not proven. Therefore, the entire juridical construction of the indictment collapsed because one of the elements of the offense was not proven legally and convincingly. Therefore, based on legal considerations that are rational, objective, and in accordance with the principles of evidence in the Criminal Procedure Code, the judge acquitted the defendant.

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Journal Info

Abbrev

JHLG

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Tujuan dari Jurnal Hukum Lex Generalis adalah menjadi ensiklopedia, glosarium atau kamus ilmu hukum. Diharapkan Jurnal Hukum Lex Generalis dapat menjadi sumber rujukan praktis untuk keperluan sitasi keilmiahan. Adapun ruang lingkup yang dipublikasikan adalah tulisan bertemakan hukum secara umum, ...