Legal Analysis of Criminal Liability for Perpetrators of Theft Crimes Based on Victim Protection (Study of Decision Number: 406/Pid.B/2021/PN SMG)

Abstract

Theft is one of the crimes that often occurs in society. The factors that can cause theft are diverse. This act of stealing is considered a criminal behavior because it involves taking someone else's property without permission, and often results in losses for the victim. This thesis aims to study and analyze: First, the legal analysis of criminal liability for perpetrators of theft crimes based on victim protection. Second, the effectiveness of the implementation of criminal liability for perpetrators of theft crimes in providing protection for victims. This assessment is carried out objectively and subjectively. The approach method used is normative juridical, namely a library legal research conducted by examining library materials or secondary data only using deductive thinking methods. The writing specifications use descriptive analysis, the sources and types of data used are secondary data. The data collection method is by collecting data using secondary data collection methods. The problem is analyzed using the theory of criminal responsibility and legal effectiveness. The responsibility of the perpetrator of the crime of theft under aggravating circumstances in decision Number 406 / Pid.B / 2021 / PN Smg that the panel of judges decided his actions stating that the defendant ZH bin Alm Cik Saleh was legally proven and guilty of committing the crime of theft regulated and threatened in Article 362 of the Criminal Code with imprisonment of 1 (one) year each. The effectiveness of the criminal sanctions given to the convict based on Decision Number 406 / Pid.B / 2021 / PN Smg where the defendant was sentenced to 1 (one) year by the judge's decision. In viewing the effectiveness of criminal sanctions with the use of effectiveness theory, the author conducted an analysis with three studies of effectiveness theory, namely success in implementing the law, failure in implementing it and factors that influence it.