JUDGE: Jurnal Hukum
Vol. 6 No. 12 (2026): Judge : Jurnal Hukum

Law Enforcement Against the Criminal Act of Theft With Violence Based on Law Number 1 Of 2023 Concerning The Criminal Code

Jessica Oktari Marbun (Universitas Pembangunan Panca Budi)
Mhd. Azhali Siregar (Universitas Pembangunan Panca Budi)
Aulia Rahman Hakim Hasibuan (Universitas Pembangunan Panca Budi)



Article Info

Publish Date
13 Jul 2026

Abstract

Violent theft remains one of the most serious conventional crimes in Indonesia because it not only causes material losses but also threatens public safety and social order. Although Indonesia has enacted Law Number 1 of 2023 concerning the Criminal Code (National Criminal Code) as part of a comprehensive criminal law reform, studies examining the implications of Article 479 concerning violent theft remain limited. Existing research generally focuses on the application of Article 365 of the former Criminal Code without critically analyzing the legal transformation introduced by the National Criminal Code and its implications for law enforcement effectiveness.This study aims to analyze the legal regulation of violent theft under the previous Criminal Code and the National Criminal Code, compare Article 365 of the former Criminal Code with Article 479 of Law Number 1 of 2023, and evaluate the effectiveness of law enforcement in achieving legal certainty. This research employs normative legal research using statutory, conceptual, and case approaches. The legal materials consist of primary, secondary, and tertiary legal materials collected through library research, supported by Decision Number 2615/Pid.B/2018/PN Mdn.The findings indicate that Article 479 of the National Criminal Code maintains the essential elements of violent theft while introducing a more systematic formulation that reflects contemporary criminal law principles emphasizing legal certainty, proportionality, and social protection. However, the effectiveness of law enforcement remains dependent on the quality of legal institutions, the professionalism of law enforcement officers, supporting facilities, and public legal awareness. This study contributes to the development of Indonesian criminal law by providing a comprehensive legal analysis of the transition from the former Criminal Code to the National Criminal Code concerning violent theft and its implications for future law enforcement practices.

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Journal Info

Abbrev

Judge

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Judge : Journal of Law on Cattleya Darmaya Fortuna is accepts related writings: Prinsip Dasar Yurisprudensi Hukum Pribadi Hukum Kriminal Hukum Acara hukum Ekonomi Dan Bisnis Hukum Tata Negara Hukum Administratif Hukum dan Masyarakat Ilmu Pemerintahan Judge : Journal of Law also accepts all writings ...