Analysis of the Crime of Theft with Threats of Violence Against Its Victims (Case Study of Decision Number 19/Pid.B/2021/PN Jkt.Tim)

Abstract

The material criminal law of the crime of theft with the threat of violence against the victim as in the single indictment in Decision Number 19/Pid.B/2021/PN Jkt.Tim the defendants have been charged with committing acts in violation of Article 365 paragraph (1), paragraph (2) 1st, 2nd and 3rd of the Criminal Code, the elements of which are as follows; 1. Whoever; 2. Taking property that wholly or partially belongs to another person with intent to unlawfully possess it; 3. Preceded, accompanied or followed by violence or threat of violence, against a person with intent to prepare or facilitate the theft, or in the event of being caught red-handed, to enable the escape of oneself or other participants, or to retain possession of the stolen property; 4. Committed at night in a house or enclosed yard where there is a house, by two or more persons acting in concert, who enter the place where the crime is committed by breaking or climbing in, or by using false keys, false jewelry or false official clothing. The legal considerations of the Panel of Judges for the perpetrators of the crime of theft with the threat of violence against their victims in Decision Number 19/Pid.B/2021/PN Jkt.Tim. has been fair and has been in accordance with the provisions of Article 365 paragraph (1), paragraph (2) 1st, 2nd and 3rd of the Criminal Code, Article in Law Number 8 of 1981 concerning Criminal Procedure Code, Article in Law Number 48 of 2009 concerning Judicial Power, Article in Law Number 49 of 2009 concerning General Courts, as well as other regulations concerned in this case by stating that the Defendant Eko Santoso, has been proven legally and convincingly guilty of committing the crime of theft with violence and sentencing the Defendant therefore to imprisonment for 5 (Five) years.