TINJAUAN YURIDIS TERHADAP TINDAK PIDANAPENCURIAN DENGAN KEKERASAN DI KECAMATAN PANGEAN KABUPATEN KUANTAN SINGINGI (Studi Putusan Pengadilan Negeri Teluk Kuantan Nomor 26/Pid.B/2023/PN.Tlk)

Abstract

There are various criminal acts that occur in Indonesia, one of which is theft. The crime of theft has been regulated in the Criminal Code (KUHP) Book II Chapter XXII Articles 362 to Article 367. The crime of theft with violence is regulated in Article 365 of the Criminal Code, namely theft which is preceded, accompanied, followed by violence which will be directed at the person with the aim of making it easier to carry out the action. This research was conducted to find out what the judge's motives and considerations were regarding cases of violent theft in Pangean District, Kuantan Singingi Regency, as well as to find out how judges considered the crime of violent theft in Pangean District, Kuantan Singingi Regency (Study of Decisions of the Teluk Kuantan District Court Number 26/Pid.B/2023/PN.Tlk). This research is normative research, namely using normative legal case studies in the form of legal behavioral products, for example reviewing draft laws. The subject of the study is law which is conceptualized as norms or rules that apply in society and become a reference for everyone's behavior. The nature of this research is descriptive and the data source used is a secondary data source. The results of this research show that the motive for the violent theft that occurred in Pangean District, Kuantan Singingi Regency was entering someone else's house with the intention of borrowing money and thinking that the victim would not lend the money, so the defendant thought about committing theft at the victim's house and the judge's consideration in impose a penalty on the perpetrator of the crime of theft with violence, including: the guilt of the perpetrator of the crime, the motive and purpose of committing the crime of theft with violence.