Optimizing the Implementation of Criminal Sanctions as a Means of Achieving a Deterrent Effect for Perpetrators of Violent Theft

Abstract

Theft with violence is a serious crime, this is because the perpetrator makes threats or even attempts at physical violence to obtain the victim's property, this causes victims of the crime of theft with violence not only to experience property losses but also losses that threaten the victim's life and physical well-being, including for victims of the crime of theft with violence in Cirebon City. The type of research in this paper is sociological juridical approach with an empirical approach. Based on the research results, it is known that Current regulations regarding the crime of violent theft do not explicitly recognize violent theft, which is as dangerous as theft, as a more serious crime than non-violent theft, as violent theft can result in the loss of life and property. Therefore, the punishment imposed on the perpetrator is not commensurate with the victim's losses. The weakness of the regulations regarding the crime of theft with violence contained in Case Decision Number 40/Pid.B/2023/Pn Cbn is that the judge views that theft with violence is not a serious and dangerous crime that can result in serious injury and threaten the victim's life. The solution that can be implemented is to emphasize in the Criminal Code regulations that theft with violence is included in the category of serious crimes that can be punished with a maximum penalty of death if the perpetrator's actions result in the death of the victim.