Legal Responsibility for Perpetrators of Theft at Night (Study of Decision Number 17/Pid.B/2025/PN Tpg) Fredyando Ms

Abstract

The crime of theft at night is a form of aggravated theft as regulated in Article 363 paragraph (1) 3 of the Criminal Code, because it is committed when the victim is in a vulnerable condition. This study aims to analyze the construction of the crime of theft at night from the perspective of legal certainty and the legal responsibility of the perpetrator in Decision Number 17/Pid.B/2025/PN Tpg. The method used is normative juridical with a statutory and case approach. The results of the study show that legal certainty is reflected in clear aggravating elements, consistent evidentiary procedures, and substantive considerations related to justice. The court's decision emphasizes the principles of legality and culpability, and imposes penalties by taking into account aggravating and mitigating factors, thus providing a balance between legal certainty, justice, and expediency.