Legal Analysis Of Criminal Punishment Against Perpetrators Of The Criminal Act Of Theft With Violence Based On Social Justice (Case Study Of Decision Number: 382/PID.B/2021/PN.SMG)

Abstract

The crime of theft with violence is stealing something that is not his/her property accompanied by an act against the physical using considerable physical strength or power and aimed at the person who is the object of the theft and causing the person to become helpless. The purpose of this paper is to find out and analyze the punishment of perpetrators of the crime of theft with violence based on social justice in Decision Number: 382/Pid.B/2021/Pn.Smg and to find out the judge's considerations in passing a verdict on the perpetrator of the crime of theft with violence in Decision Number: 382/Pid.B/2021/Pn.Smg. The research approach used in this study is through a normative juridical approach using secondary data obtained through literature studies, then data analysis is carried out using qualitative descriptive analysis. The results of this study are in the case of Case Decision Number
382/Pid.B/2021/PN Smg the defendants were legally and convincingly proven to have committed the crime of theft with violence as regulated in
Article 365 Paragraph (2) 2 of the Criminal Code. The Panel of Judges sentenced them to 1 (one) year and 6 (six) months in prison. Accountability is reflected in a sentence, a sentence is expected to have an educational effect on the perpetrators of the crime. The decision of the Panel of Judges has been able to provide an educational effect on the perpetrators so that they do not repeat their actions. The judge's considerations in applying criminal provisions to the perpetrators have been appropriate where the judge has considered both legal considerations, namely the indictment, the demand letter, evidence and evidence, as well as witness and defendant statements, as well as non-legal considerations, namely aggravating circumstances and mitigating circumstances of the defendants.