Legal Review of Investigations into the Criminal Act of Theft with Aggrevability Based on the Values of Justice (Case Study Number: Lp/08/Iv/2025/Kaltim/Reskubar/Sekmelak)

Abstract

The criminal act of theft is a form of social deviance that threatens public order, including theft cases that occurred during flooding in Melak, West Kutai, which illustrates how emergency conditions can increase vulnerability to crime. The purpose of this research is to identify and analyze the investigative process of aggravated theft and to examine the weaknesses in the implementation of investigations into such offenses. The methodological approach used in this thesis is empirical juridical research. The specification of this study is descriptive-analytical. The theories employed include the theory of Pancasila justice and the legal system theory. The findings of this research show that the investigative process in the aggravated theft case LP/08/IV/2025, originating from the loss of a Honda Mobilio wheel and tire belonging to Marlina Damayanti while the vehicle was parked on Aji Tulur Jejangkat (ATJ) Street due to flooding around her home, and later discovered to have been taken by Achmad Jahrani to replace his punctured tire—has essentially contained the element of legal certainty through the implementation of KUHAP procedures, National Police Regulation (Perkap) No. 6 of 2019, the evidence of elements under Article 363 of the Criminal Code, as well as the formal and material completeness of the case file. However, the process has not fully embodied the value of justice because investigators did not utilize the restorative justice mechanisms provided under the Perkap and Perpol, even though the case met both material and formal requirements for resolution through penal mediation, considering the relatively small loss, the absence of violence, the offender's non-recidivist status, and the fact that the act occurred during an emergency flood situation. Weaknesses in the investigation of aggravated theft at the Melak Police Sector stem from the lack of synergy among legal substance, legal structure, and legal culture, which has hindered the optimal functioning of law enforcement. The restorative justice provisions, which exist only as internal regulations, create hesitation among investigators to implement them. These challenges are compounded by limited personnel, facilities, and budgeting, while the legal culture of law enforcement officers, who are not yet fully professional, and a community legal culture are characterized by passivity and reluctance to report or provide statements further slow the case-disclosure process. As a result, the investigation failed to incorporate a restorative approach that would have been relevant to a theft case involving minor losses and occurring within specific social conditions such as a natural disaster.