Formulation of Criminal Sanctions Against Perpetrators of The Criminal Acts of Theft with Violence in Indonesian Criminal Law

Abstract

Violent theft continues to be addressed through an approach that prioritizes punishing the offender, while the recovery of the victim's losses through restitution has not been effectively implemented. Regulatory improvements and judicial practices are needed so that criminal sanctions not only create a deterrent effect but also restore the victim's rights and reestablish social balance comprehensively. The purpose of this research is to identify and analyze the application of criminal sanctions against perpetrators of violent theft in Indonesia's current criminal law system, as well as to examine and analyze the ideal concept for implementing such sanctions within the Indonesian criminal justice framework. The approach used in preparing this thesis is normative juridical research. The specification of this study is descriptive-analytical. Theories employed include the legal system theory and the theory of justice. The findings of this research show that the application of criminal sanctions against perpetrators of violent theft in Indonesia is currently based on Article 365 of the Criminal Code (KUHP) and places strong emphasis on legal certainty through processes of investigation, prosecution, and sentencing that adhere to the principles of legality and the presumption of. Judges impose punishment based on evidentiary standards and prevailing theories of sentencing, whether retributive, utilitarian, or a combination of both. However, the current orientation of punishment remains focused more on penalizing the offender than on restoring the victim, resulting in the legal system falling short of achieving its goal of restoring social balance. The ideal concept of implementing criminal sanctions should prioritize victim recovery, ensuring that punishment is not limited to imprisonment but also includes the restoration of both material and immaterial losses suffered by victims. The mechanisms for restitution and compensation must be made simpler, faster, and better integrated through the harmonization of the Criminal Code, KUHAP, and Law No. 31 of 2014 so that victims' rights are protected without procedural obstacles. By balancing legal certainty, justice, and utility, criminal sanctions function not only as retribution but also as a means of social restoration that reinstates the victim's sense of security and dignity.