Criminal Responsibility of Recidivists in Violent Theft Crimes (Decision of Temanggung District Court Number 149/Pid.B/2019/PN Tmg)

Abstract

This study aims to analyze the criminal liability of recidivist offenders in violent theft crimes under Indonesian positive law, examine the judicial considerations in sentencing recidivists based on Temanggung District Court Decision No. 149/Pid.B/2019/PN Tmg, and assess the concept of criminal responsibility for recidivists from the perspective of Islamic law. This research arises from the fact that recidivism remains a serious issue within Indonesia's criminal justice system, reflecting the weakness of deterrence and the ineffectiveness of inmate rehabilitation. Therefore, it is crucial to re-evaluate how both the national legal system and Islamic legal principles conceptualize and enforce criminal responsibility for offenders who repeatedly commit violent crimes. This research employs a normative juridical legal method using both case and statute approaches. The sources of legal data consist of primary materials (the Indonesian Criminal Code and court decisions), secondary materials (legal literature and scholarly opinions in criminal law), and tertiary materials (legal dictionaries and encyclopedias). The analytical technique used is descriptive analytical, supported by systematic and teleological interpretation to align positive legal norms with the values of substantive justice. The findings indicate that, first, the criminal liability of recidivist offenders in violent theft under Indonesian positive law is based on the principle of geen straf zonder schuld (no punishment without fault). Recidivism constitutes an aggravating circumstance, demonstrating the failure of prior punishment to determine and the offender's defiance of the law. Second, judicial reasoning in Temanggung District Court Decision No. 149/Pid.B/2019/PN Tmg reflects a balance between legal certainty, justice, and utility, even though the sentence imposed was relatively lenient compared to the maximum penalty under Article 365 of the Criminal Code. Third, from the perspective of Islamic law, recidivists are fully accountable (mas'uliyyah al jināyah) because their acts fulfill the elements of intent ('amdan), capacity for responsibility (al qudrah 'alā al tamyīz), and voluntariness (ikhtiyār). Repetition of criminal acts aggravates moral culpability and warrants punishments that are educational (ta'dīb), preventive (zajr), and retributive (jazā') in nature.