Legal Analysis of the Just Sentencing of Aggravated Theft Perpetrators in the Scope of a House Yard: A Study of Decision Number 42/Pid.B/2024/PN Mgg

Abstract

The history of Indonesian criminal law is rooted in colonialism and still relies on the Criminal Code as the basis for regulating social life. However, sentencing often places more emphasis on formal legal certainty than on substantive justice. A study of Decision Number 42/Pid.B/2024/PN Mgg concerning aggravated theft in a yard shows that although the elements of the crime are met, humanitarian aspects such as the defendant's socio-economic condition and the victim's minimal losses are under-appreciated. This raises questions about the relevance of implementing restorative justice in criminal justice practice. This study aims to analyze whether the decision reflects both formal and substantive justice and proposes a more humane, reconciliation-based, and social recovery-oriented sentencing concept.