LEGAL ANALYSIS OF THE CRIMINAL ACT OF THEFT WITH VIOLENCE UNDER AGGRAVATING CIRCUMSTANCES RESULTING IN DEATH (Study of Decision Number 150/Pid.B/2023/PN Stb)

Abstract

The crime of theft is still a dilemma and is a serious problem that requires a solution. The legal provisions for the crime of theft accompanied by violence at the Indomaret minimarket are regulated in Article 365 of the Criminal Code. Theft with violence is theft that is preceded, accompanied, followed by violence aimed at people with the aim of making it easier to carry out the action. The responsibility of the perpetrator of the crime of theft with violence at the Indomaret minimarket is that the defendant's actions are in accordance with the indictment of the Public Prosecutor and have been legally and convincingly proven guilty of committing the crime of theft with violence which resulted in the victim's death and has fulfilled the elements of Article 365 paragraph 4) of the Criminal Code, so that the defendant must be held accountable for his actions, by serving a prison sentence of 20 (twenty) years. The consideration of the Panel of Judges who have decided this case is that the mitigating factor is that the defendant behaved politely during the trial, while the aggravating factor is that the defendant's actions disturbed the community.