Petty Theft Research Articles

Proses Peradilan terhadap Pelaku Pengulangan Tindak Pidana Pencurian Ringan di Pengadilan Negeri Pulau Punjung: Studi Kasus Putusan Nomor: 8/Pid.C/2020/PN Plj

The judicial process for perpetrators of repeat crimes of light theft should be processed using a regular examination or short examination, while at the Pulau Punjung District Court, cases of repeat crimes of light theft are processed using a speedy examination. The aim of writing this thesis is to understand the judicial process regarding the examination of perpetrators of repeat crimes of petty theft at the Pulau Punjung District Court, as well as to determine the Judge's obstacles in deciding the speedy trial process in case Number: 8/Pid.C/2020/PN Plj at the District Court Pulau Punjung. This legal research is empirical juridical research, namely research that uses field object data or is based on actual conditions. The results of writing this thesis show that: the judicial process for examining perpetrators of repeat crimes of petty theft at the Pulau Punjung District Court has not been effective, especially in case Number: 8/Pid.C/2020/PN Plj which is still being processed using a quick examination process, where the process Rapid examinations can only be carried out in cases of minor criminal offenses which are not repetitions of criminal acts (recidivism), the examination process for repetitions of minor criminal acts should be carried out using ordinary and short examination procedures. The judge's obstacles in deciding the speedy examination process in this case were the lack of accuracy in handing over the case files at the time of registration where one of the defendants was a repeat criminal, as well as the lack of communication and coordination between law enforcement agencies, namely investigators and prosecutors.

“Ik ben zoo diep gezakt door deze oorlog”

During the German occupation of the Netherlands in the 1940s, crime rates for petty theft rose considerably. As a result of shortages, forced labor, unemployment and war damages, many citizens resorted to property crime. Those who were caught, were in majority sentenced within the Dutch judicial system, by Dutch magistrates, most of whom had no pro-German beliefs. This article explores how suspects, judges and probation officers referred to the occupation circumstances during the judicial process. All three types of actors saw how these circumstances could lead to theft. However, pre-existing notions of property and its defense were not radically questioned during the occupation. The (implicit) expectation was that the harmful consequences of the Second World War would be of a temporary nature.

Potential Conflict of Small-Scale Fishermen on the North Coast of Java: Case Study of Muarareja village, Tegal, Central Java, Indonesia

Fishing conditions on the North Coast of Java are known to experience overfishing; This then has an impact on low fisheries productivity which then triggers conflicts between fishermen, increases the poverty of fishermen, and threatens the food security of coastal communities whose livelihoods are very dependent on fish resources in the sea. Therefore, this study examines potential conflicts among small-scale fishermen in the use of fish resources and its impact on food security also the resolution of these conflicts. The method used is a qualitative approach supported by quantitative data. Data analysis refers to the structural-functional theory and conflict theory. The study results show that conflicts for livelihood mostly occur among small-scale fishermen. The forms of conflict that small-scale fishermen often perpetrate are vandalism and petty theft, with protests or sanctions that are given only to be silenced because coastal fishermen on North coast of Java still uphold Javanese culture, which prefers to live in peace and harmony. Some of the actions taken to secure food when conflict inevitably occurs are diversifying livelihoods, utilizing locally available food sources, maintaining applicable Javanese norms and customs as well as high utilization of social capital among small-scale fishermen. Conflict resolution among small-scale fishermen is usually carried out by simply being silent and forgotten over time or through deliberations mediated through religious leaders, rich fishermen (upper layer), and wise old fishermen. The dynamics of conflicts that occur among small-scale fishermen do not appear much because the existing conflicts are more latent.

ANALISIS UNSUR-UNSUR TINDAK PIDANA PENCURIAN: TINJAUAN HUKUM

This research aims to find out about the crime of theft and the elements of the crime of theft. The research method used is the library method by collecting various documents. The research results show that the crime of theft is an unlawful act that involves taking goods or property belonging to another person without permission or legal rights. This phenomenon covers varying degrees of severity, from petty theft to robbery. Theft can harm individuals and society at large. To tackle this crime, preventive measures are needed, such as increasing security and public awareness. The legal system regulates the elements of theft and provides appropriate sanctions depending on the severity of the legal violation. The elements of the crime of theft include the act of taking goods owned by another person, intent to possess, against rights or without permission, transfer of ownership, and the context of the criminal article. All of these elements must be met for an act to be considered theft according to the law. By fulfilling these elements, the law can determine whether a person is guilty of committing the crime of theft and provide appropriate sanctions.

Objective side of petty theft of other people’s property

Objective side of petty theft of other people’s property

Criminological Characteristics of Persons Who Commit Minor Thefts (Article 158.1 of the Criminal Code of the Russian Federation)

The composition of petty theft under Art. 158.1 of the Criminal Code of the Russian Federation is new for Russian criminal legislation, however, the five-year period of the Article made it possible to study the state and dynamics of the criminological characteristics of the personality of criminals committing these crimes (2017–2022). The purpose of the study was to identify the personality of individuals who commit petty theft that can be used to adjust the prevention of these crimes. The main methods of research were statistical and comparative methods: the study was based on statistical data sets of the Judicial Department of the Russian Federation on personality characteristics convicted according to various parameters. Comparison of the obtained results was carried out both with the previously obtained results of studies and data on other types of theft. As a result of the study, the authors came to the conclusion that in the characteristics of persons of this category there are similar and specific features that distinguish criminals who commit minor thefts from the personality characteristics of other persons who commit non-violent thefts. In particular, there is a peculiarity in changing the structure of these persons by gender, since the absolute indicators of women significantly increase with a decrease in their share in the structure of criminals convicted of petty theft; the age boundaries of these persons are shifted to the older group of 30–49 years; at the same time, the presence of almost half of such criminals of secondary vocational education is compensated by the lack of a constant source of income, which has a dominant influence on the formation of selfish motivation. The situational character of the investigated criminal behavior, the stability of selfish motivation realized in the commission of repetitions are noted. It is indicated that it is necessary to take into account the identified features when adjusting the prevention of minor theft.

Kedudukan Hukum Perma Nomor 2 Tahun 2012 dalam Mengefektivkan Pidana Denda pada Perkara Pencurian Ringan

The story of grandmother Minah who was tried for stealing three cocoa beans, or Basar and Kholil who were brought to trial for stealing a watermelon and a child with the initials AP (age 13) who was charged with stealing a bucket rope is a case of theft with a relatively small economic loss. Conditions at the same time became a contrast, when corruptors stealing large amounts of state money were only given too light sentences. Supreme Court Regulation of the Republic of Indonesia number 2 of 2012 addresses the discrepancy between the limitations of minor crimes and the amount of fines in the Criminal Code with the development of the dynamics of a society whose sense of justice is disturbed and various statutory regulations are no longer according to law in society. This normative juridical research aims to determine the capacity of PERMA No. 2 of 2012 in the legal hierarchies under the Criminal Code, especially in the criminal case of petty theft. Research findings in terms of effectiveness, fines are less effective when compared to prison sentences, especially in terms of the deterrent effect on convicts, because fines can be paid by other people.

Article 310 Law Number 22 Of 2009: Legal Responsibility Of Parents Of Children In Traffic Accidents In Indonesia

Children are the best hope for the future of any country, community group or family; they are a gift from God to those blessed by their presence. The emotional, mental, and social well-being of their children primarily falls within the purview of the child's parents. Children's journey towards adulthood and the development of their capacity to live independently is the responsibility of parents. This article was created with the aim of enlightening readers regarding the responsibilities of parents for petty theft committed by their children while they are under their supervision and while the children are in their care. Researchers will use normative legal research techniques to ensure that they have a comprehensive understanding of the criteria they will use to analyze results and find solutions to the problems they pose in their research. Legal case analysis, legal literature analysis, and regulatory analysis are some of the methodologies used. The authors of this study draw several conclusions regarding children's responsibility for their financial well-being as perpetrators of criminal acts. The author then outlines the need to dispel doubts regarding responsibility towards minors, while emphasizing the need to monitor children's psychological development. The uniformity of children's responsibilities in long-form fairy tales is a stumbling block for writers.

ДЕЯТЕЛЬНОСТЬ ТОВАРИЩЕСКИХ СУДОВ БАШКИРИИ В КОНЦЕ 1950-Х - 1980-Е ГГ.

The article examines the activities of the Bashkir ASSR friendly courts in the late 1950s - the first half of the 1980s. A brief analysis of historiography shows that the problem is insufficiently studied. The main sources were unpublished documents of the funds of the Presidium of the Supreme Soviet of the Republic and the Bashkir Regional Council of Trade Unions - bodies that control the work of friendly courts, as well as materials of the periodical press. The growth in the number of friendly courts was characterized by instability, then increased, then decreased. The same applies to members of friendly courts. The friendly courts considered minor civil cases, including in the family and household sphere. Interference in the private life of citizens was especially characteristic of the 1950s and 1960s, after which it weakened. In the 1970s, the friendly courts considered absenteeism, violations of public order, labor discipline (appearance in a drunken state at work), petty theft and others at their meetings. The most common measures of influence used by friendly courts were public apology, warning, public censure and reprimand. However, in the 1970s the importance of fines and applications for transfer to a lower-paid job is increasing. There were many shortcomings in the work of the friendly courts: some of them were inactive for years, others exceeded their powers. In the 1970s and 1980s, friendly courts dealt with only 10 to 20 percent of offenses, which testified to the insufficient effectiveness of the institute of friendly courts. Most minor offenses went unpunished. The activities of the friendly courts were formally under the control of the party, Soviet, judicial and trade union bodies. However, this control was often insufficient, especially in the late 1950s - early 1960s. The author distinguishes two periods in the activities of friendly courts: 1) the end of the 1950s - the first half of the 1960s, marked by their greatest activity; 2) the second half of the 1960s - the mid-1980s, when the courts were increasingly "carried away" by administrative measures of influence.

Criminal Liability for Petty Theft: Declared Purposes and Actual Meanings

The article considers provisions of the criminal legislation of the Russian Federation on responsibility for petty theft (Criminal Code, art. 158.1). The article examines the issue of the stated goals, the actual results of the normative implementation of this initiative. The article clearly demonstrates the trends of law enforcement practice, the state of convictions of the perpetrators of these crimes. The article draws a conclusion on the assessment of the preventive impact of the criminal law rule on petty theft.

Treating Delinquent and Feebleminded Juveniles at the Beloit Industrial School for Girls in Early Twentieth-Century Kansas.

This study explores the troubling and unintended consequences of public health efforts to address the problem of juvenile delinquency and feeblemindedness. Health care professionals, superintendents, and other authority figures equated undesirable juvenile behaviors such as keeping "bad company" or "falling in with the wrong crowd," truancy, and petty theft with poor breeding, low intelligence, and inheritable criminal tendencies. This article interrogates historical documentation culled from the Kansas State Historical Society (KSHS) and focuses on a few specific cases to reveal the ways a patriarchal political and medical state system both protected and alienated young woman accused of a myriad of behavior issues including delinquency, incorrigibility, and feeblemindedness. I highlight the lives of juvenile women sentenced to the Beloit Industrial School for Girls not simply to better understand an isolated period in United States history but also reproduction. The broader implications of the narratives of girls housed at the Beloit Industrial School for Girls throughout the first half of the twentieth century in Kansas reveal troubling and unintended consequences of public health efforts to fix the problems of delinquency, contagion, and the generational inheritance of undesirable characteristics.

Tindak Pidana Pencurian Ringan dan Upaya Hukumnya dalam Proses Tuntutan Pemidanaan

This research is motivated by observational data, where crimes of petty theft are very widespread in Indonesia, how can a person be qualified as a perpetrator of a crime of petty theft, then what are the efforts of the prosecutor in dealing with criminal acts of petty theft, so that injustice does not occur like the case of Minah's grandmother, grandma asiani, grandpa samirin and many more. researcher what are the efforts of prosecutors in dealing with the crime of petty theft in order to create justice and adjust situations or conditions so that they are relevant to life in this era. then analyzed descriptively so that conclusions can be drawn.

Prospects for the Introduction of Criminal Misconduct into Domestic Criminal Legislation. Draft Laws of the Supreme Court of the Russian Federation

In the light of doctrinal discussions regarding the expediency of supplementing domestic criminal legislation with the category «criminal offense», the paper examines the legislative initiatives of the Supreme Court of the Russian Federation in 2018 and 2021. The author records both the revision of the original draft law and the unresolved nature of a number of significant issues. These include the ratio of criminal misconduct and insignificance; the totality of the commission of a crime by a person and a criminal offense; the legal assessment of the commission of acts by a person, a number of which (or all) the relationship between the circumstances of exemption from criminal liability in connection with the application of other measures of a criminal nature (due to the recognition of the act as a criminal offense) and other circumstances of exemption from criminal liability (for example, in connection with active repentance or reconciliation with the victim). It is argued that a thorough revision of the list of criminal offenses is necessary. Specific practical recommendations are formulated for its formation by not only classifying crimes as such, but also by criminalizing common administrative offenses (as an example, data on the number of persons brought to administrative responsibility under Articles 6.1.1 (beatings) and 7.27 (petty theft) of the Administrative Code of the Russian Federation are given). The author speaks about the expediency of including the institution of criminal offenses in the domestic legal system due to the predominance of the expected positive effect and the debatable nature of a number of arguments against the introduction of criminal misconduct (rejection of the concept of a «small but tough» criminal law; blurring the boundaries between crimes and offenses; leveling the difference between punishment and other measures of a criminal nature, etc.).

The ‘People’s Sport’: Petty Theft in the German Democratic Republic, 1963–1985

Abstract Friedrich Engels claimed that communism would eliminate criminality. With “exploitative” capitalist societal conditions removed, there would no longer be any material or psychological reasons for people to commit crime. The reality in the Eastern Bloc in the late Cold War was, however, very different. Petty theft was a particular problem area. Citizens filched alcohol from supermarkets, bricks from construction sites, and money from colleagues’ lockers on an epidemic scale. This article employs archival and oral history evidence to examine petty theft in the German Democratic Republic (gdr). Scholars have generally attributed its occurrence to “economy of scarcity conditions,” that is, citizens stole items that were in short supply or not on general sale. This article, however, considers whether petty theft constituted a challenge to socialist rule since this crime contravened state ideology. It finds evidence that a desire to defy the state did motivate some citizens to steal, but that the majority of thefts were inspired by more prosaic reasons. The analysis does show, however, that citizens mocked and dismissed the concept of People’s Property, thereby rejecting a central tenet of the regime’s political project.

МЕЛКОЕ ХИЩЕНИЕ: КРИМИНОЛОГИЧЕСКАЯ ХАРАКТЕРИСТИКА ЛИЧНОСТИ ПРЕСТУПНИКА

The proposed article examines the social conditionality of petty theft. Social conditionality is revealed through the analysis of the historical aspect, legislation of the Soviet and modern period. The study is aimed at determining the criminological characteristics of persons committing petty theft. Petty thefts are mostly committed for a selfish purpose, but they can also be committed «for the sake of inter-est». The criminological characteristics of persons committing petty theft formulated in the article provide an opportunity to determine the motivation for committing illegal acts, as well as the peculiarities of behavior in preparation, commission of petty theft and after it.

Analisis Putusan Pengadilan Negeri Baturaja Dalam Perkara Tindak Pidana Pencurian Studi Kasus Nomor: 333/Pid.B/2020/PN BTA terhadap Peraturan Mahkamah Agung Nomor 02 Tahun 2012

The issue of criminal law is widely discussed and in the spotlight, the public in general considers that it is very unfair if these minor cases threaten the punishment is not proportional to the value of the goods stolen by the perpetrator. So that the petty theft crime should be threatened with Article 364 of the Criminal Code which is guided by Supreme Court Regulation No.2 of 2012 must be applied with Article 362 of the Criminal Code. The reason why the judge did not use Article 364 of the Criminal Code and Supreme Court Regulation No.2 of 2012 was because in this case there was a repeat of the criminal act. The problem in this journal is the result of the Baturaja District Court's decision on theft cases with a light loss value. The research of this journal is Empirical legal research, which was initially researched as secondary data and then continued with research on primary data in the field. Meanwhile , The Supreme Court Regulation is a statutory regulation issued by the Chief Justice on judicial technical issues, especially in filling legal vacancies or against the enactment of an Act for which there has never been an organic regulation, whose structure resembles the structure of the composition of the Act that through the consideration of the judge at the Baturaja District court who examines and decides this case Article 364 of the Criminal Code cannot be applied with a speedy examination event guided by Supreme Court Regulation No. 2 of 2012 because the act committed by the perpetrator is a repeat of a criminal act, although in Supreme Court Regulation No.2 of 2012 there is no mention of exceptions to the act of repetition of a criminal act, but expressly it is regulated in the Memorandum of Understanding on the Implementation of the Application of the Prudential Limits on Minor Crimes and the Amount of Fines and the Application of Restorative Justice. So that the sentence of imprisonment for 1 year and 8 months is considered appropriate to be imposed on the perpetrator, even though from the perpetrator's side the verdict has not met the sense of justice.

ЛИЦО, ИМЕЮЩЕЕ СУДИМОСТЬ, КАК СУБЪЕКТ ПРЕСТУПЛЕНИЙ С АДМИНИСТРАТИВНОЙ ПРЕЮДИЦИЕЙ

The analysis of the elements of crimes with administrative prejudice showed that, unlike Article 264.1 of the Criminal Code of the Russian Federation, which establishes criminal liability against a person with a criminal record under Articles 264 and 264.1 of the Criminal Code of the Russian Federation, Articles 116.1 and 158.1 of the Criminal Code of the Russian Federation provide for this responsibility, respectively, for beatings and petty theft only in relation to those subjected to administrative punishment. However, the problem of applying art. 116.1 The Criminal Code of the Russian Federation became so acute that the Constitutional Court of the Russian Federation received an appeal calling into question the effectiveness of this norm, and the latter was forced to issue a resolution obliging the federal legislator to change its wording, to provide for criminal penalties for those with a criminal record under Articles 116, 116.1, 117 and 334 of the Criminal Code of the Russian Federation. Meanwhile, Article 158.1 of the Criminal Code of the Russian Federation requires a similar adjustment to Article 116.1 of the Criminal Code of the Russian Federation. Based on statistical data, following the rules of legal technique, the author justifies the need and proposes new versions of Articles 116.1 and 158.1 of the Criminal Code of the Russian Federation, providing for each qualified composition in the form of part two, establishing criminal liability against persons with a criminal record for previously committed data or similar on the objective side of the crime.

Criminal Proof: Fixed or Flexible?

Abstract Should we use the same standard of proof to adjudicate guilt for murder and petty theft? Why not tailor the standard of proof to the crime? These relatively neglected questions cut to the heart of central issues in the philosophy of law. This paper scrutinises whether we ought to use the same standard for all criminal cases, in contrast with a flexible approach that uses different standards for different crimes. I reject consequentialist arguments for a radically flexible standard of proof, instead defending a modestly flexible approach on non-consequentialist grounds. The system I defend is one on which we should impose a higher standard of proof for crimes that attract more severe punishments. This proposal, although apparently revisionary, accords with a plausible theory concerning the epistemology of legal judgments and the role they play in society.

Application of Restorative Justice in the Crime of Theft

The concept of restorative justice is also implemented in the Prosecutor's Office of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice . The concept of restorative justice is also implemented in the Prosecutor's Office of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice . The Tulang Bawang District Prosecutor's Office, Lampung, Indonesia has implemented restorative justice for the crime of petty theft committed by the defendant with the initials BC based on the Decree on Termination of Prosecution of the Head of the Tulang Bawang District Prosecutor's Office Number: PRINT- 01/L.8.4.18/Eoh.2/ 01/2022 dated 27 January 2022 (RJ-14). The purpose of this study was to find out the legal arrangements regarding restorative justice in the settlement of petty theft cases, to find out the application of restorative justice in the settlement of petty theft cases at the Tulang Bawang District Prosecutor's Office, and to find out the obstacles for the Tulang Bawang district attorney to implement restorative justice. in the crime of petty theft committed by Defendant BC. The research method used is a normative method using a juridical approach by managing primary legal materials, secondary legal materials and tertiary legal materials. The results of the study show that the legal arrangement regarding restorative justice in the settlement of cases of minor theft crimes is Perma Number 2 of 2012 concerning Adjustment of Limits for Minor Crimes which prioritizes restorative justice Police Circular Letter Number SE/8/VII/2018 concerning Application of Restorative Justice ). The application of restorative justice in the settlement of cases of minor theft crimes at the Tulang Bawang District Attorney is guided by the Republic of Indonesia Attorney General's Regulation No. 15 of 2020 because the defendant is the first time he has committed a crime. Obstacles for the Tulang Bawang District Prosecutor's Office in implementing restorative justice in the settlement of cases of minor theft crimes are that there are negative views and a lack of knowledge regarding community restorative justice, the large number of cases of theft that cannot be applied to restorative justice and the duration of time for making peace is too short.

THE INJUSTICE OF UNDER-POLICING IN AMERICA

THE INJUSTICE OF UNDER-POLICING IN AMERICA