Impelementation of The Principle of Proportional Justice in The Policy of Criminal Punishment for Perpetrators of The Criminal Acts of Theft with Aggregation

Abstract

The implementation of the principle of proportional justice serves as a moral compass for judges in determining the severity of punishment. This principle requires that the punishment imposed not only adhere to the formal limits of the law but also be commensurate with the seriousness of the offense and take into account the subjective background of the perpetrator. This study aims to apply the principle of proportional justice in the sentencing policy for perpetrators of aggravated theft and the inhibiting factors in gathering evidence from aggravated theft by investigators based on the principle of proportional justice. The method used in this study is the sociological juridical method. The data used are primary and secondary data. Data collection uses interviews and literature studies, qualitative data analysis, and the problem is analyzed using theories of child punishment, law enforcement theory, and justice theory. The results of this study indicate that: The application of the principle of proportional justice in the sentencing policy for perpetrators of the crime of aggravated theft in the National Criminal Code (Law No. 1 of 2023) for the crime of aggravated theft (Curat) marks a fundamental transition from a rigid paradigm of retaliation to a more humane and recovery-based legal system. Through the mandate of Articles 51, 52, and 54, judges are now required to equally weigh the severity of the act, the level of culpability, and aspects of criminal individualization such as the motive and social background of the perpetrator to ensure that the sentence imposed reflects the appropriate degree of depravity.