Reconstruction of Criminal System Regulations for Criminal Acts of Theft Based on the Value of Justice

Abstract

This economic factor is a factor that influences the occurrence of crime, one of which is theft. It is caused in order to fulfill their needs, people will tend to do whatever it is, even if they commit theft. The purpose of this research is to analyze and find the regulation of the criminal justice system against the perpetrators of the crime of theft based on the value of justice. This type of research is social legal research, namely by studying or analyzing primary data and secondary data. This research uses the Constructivism paradigm. The function of theory in a study is to provide clues and predict and explain the object under study. The results of his research are the regulation of the penal system, in fact, it has not yet created justice for the perpetrators of the crime of theft based on the value of justice, because most of these regulations are still based on a classical legal approach which only focuses on punishment and treats all perpetrators of crimes equally without consider the social, economic, and psychological factors that influence the action. These regulations are often considered unfair and discriminatory towards certain social groups, such as the poor or minorities. This results in a widening social gap and a higher possibility of criminal acts. Therefore, a progressive legal approach is needed that takes into account the broader values of justice and the social, economic and psychological contexts that affect perpetrators and victims. With this approach, it is hoped that article 362 of the Criminal Code needs to be reconstructed.