The Crime of Theft with the Threat of Violence in View of Criminal Law

Abstract

This research aims to examine and analyze the qualifications of the criminal act of theft with the threat of violence in the view of criminal law. In this paper, the author uses a normative juridical method with research specifications in the form of descriptive analysis. Based on the discussion, it was concluded that the application of the article or law should be adjusted to the concrete events (the crime scene/TKP), while the sentencing is up to the judge's conviction. Of course, it is not only in vain if the legislators distinguish between theft with violence (Article 365 paragraph 1) and theft accompanied by violence with added weight (Article 365 paragraph 2), it also contains the intention of providing a deterrent effect for criminals as well. The definition of theft according to the law and its elements formulated in Article 362 of the Criminal Code is in the form of the formulation of theft in its main form "Whoever takes an object wholly or partly belongs to another person, with the intention of being owned against the law, is threatened with theft, with a maximum imprisonment of 10 years. 5 years or a maximum fine of Rp. 900.00. The types of theft according to the Criminal Code consist of 5, namely ordinary theft regulated in Article 362, theft weighting regulated in Article 363 of the Criminal Code, minor theft in Article 364 of the Criminal Code, theft accompanied by violence/threats of violence Article 365.