Journal Indonesia Law and Policy Review (JILPR)
Vol. 7 No. 3 (2026): Journal Indonesia Law and Policy Review (JILPR), June 2026

CRIMINAL LIABILITY OF PERPETRATORS OF THE CRIME OF THEFT WITH VIOLENCE

Aldy Kurniawan Dika (Dirgantara Marshal Suryadarma University, Jakarta)
Sudarto (Dirgantara Marshal Suryadarma University, Jakarta)



Article Info

Publish Date
30 Jun 2026

Abstract

The crime of theft with violence is a crime committed with the aim of facilitating theft, escaping when caught red-handed, or maintaining stolen goods. This crime is regulated in Article 365 paragraph (1) of the Criminal Code which states that theft preceded, accompanied, or followed by violence or threat of violence against persons, shall be punished by a maximum imprisonment of nine years. This research uses normative juridical methods to examine the regulation and criminal liability of perpetrators of theft with violence in Indonesia. Based on judicial practice, one example is found in Tangerang District Court Decision Number 1502/Pid.B/2021/PN.Tng, which imposed a one-year prison sentence on the defendant Andi Firdaus alias Ndi Bin Ardana, because he was legally proven to have committed theft with violence. This decision raises questions regarding the severity of the sentence imposed and the protection of victims. Therefore, it is necessary to reform the national criminal law by regulating more stringent and severe sanctions against perpetrators of theft with violence, either through the new Criminal Code, Government Regulation, or Minister of Law and Human Rights Regulation. In addition to imposing heavy penalties, the state is also expected to provide maximum protection for victims, including compensation for losses and physical and psychological recovery for victims of crime. Thus, the law can be enforced fairly and create order and security in society.

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Journal Info

Abbrev

jirpl

Publisher

Subject

Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal Indonesia Law and Policy Review (JILPR) is an international, peer-reviewed journal publishing articles on all aspects of LAW, POLICY REVIEW and SOCIAL SCIENCES. Journal Indonesia Law and Policy Review (JILPR) welcomes submissions of the following article types: (1) Papers: reports of ...