Legal Protection for Victims of Aggravated Theft Based on Social Justice

Abstract

Based on the current social situation, it is very likely that people will look for shortcuts by stealing. Mass and electronic media show how often all types of theft crimes are motivated by insufficient basic needs. Along with the development of theft crimes, other forms of theft have also developed. Article 362 regulates the definition of theft, Article 363 regulates the types of theft and aggravated theft, Article 364 regulates the minor crime of theft, Article 365 regulates the crime of theft with violence, Article 367 stipulates the crime of theft in the household or family.
The approach method used is normative juridical, namely a library legal research conducted by examining library materials or secondary data alone using deductive thinking methods. The writing specification uses descriptive analysis, the sources and types of data used are primary and secondary data. The data collection method is by collecting data using secondary data collection methods. The problem is analyzed using the Legal Protection Theory according to Phillipus M. Hadjon and the Pancasila Justice Theory. Legal Protection for Victims of Criminal Acts of Aggravated Theft Based on Social Justice (Case Study of Criminal Case No. 113/Pid.B/2024/PN Clp), is the punishment of the Defendant in accordance with Article 363 Paragraph (1) 4th and 5th of the Criminal Code, the Victims have legal protection to protect their rights during the trial process, and the rights of the victims have been restored, as evidenced by the return of evidence in the form of 1 (one) Roll of Black Electric Cable with a Length of 20 Meters and 1 (One) White Electric Cable with a Length of 6 (six) Meters, because according to the legal facts in the trial examination, the goods are the property of the Pringsewu Wanareja Cilacap restaurant. Obstacles in Providing Legal Protection for Victims of Aggravated Theft Based on Social Justice (Criminal Case Study No. 113/Pid.B/2024/PN Clp) can be influenced by various factors, namely Environmental factors such as unhealthy social environments and unhealthy social norms can increase the risk of crime. Law enforcement factors such as minimal sentences imposed and lack of effective law enforcement also influence.