Theft Crimes Research Articles

KEBEBASAN HAKIM DALAM MENJATUHKAN PIDANA MINIMUM DAN MAKSIMUM PADA TINDAK PIDANA PENCURIAN DENGAN PEMBERATAN

In the Indonesian Criminal Code (KUHP), there is no minimum sanction for a criminal offense. However, the KUHP provides a limitation in book one on general rules, which states that the shortest prison sentence is one day and a maximum of fifteen years. This will lead to legal uncertainty, if it turns out that aggravated criminal offenses must also refer to Article 12 of the Criminal Code to determine the minimum sanction. The point here is, there is no difference in the end between the crime of ordinary theft and the crime of theft with aggravation, if in the end it is sentenced under the maximum penalty for ordinary theft or theft in the main form. The research method used is a literature study or also called normative, with a statutory approach, using primary and secondary legal materials which are then read, recorded, then summarize all materials related to the theme of the writing raised. In the end, judges as law enforcers who have the freedom to decide a case, must rely on a clear and firm rule of law, when a rule of law does not provide firmness, the final result in the decision will provide legal uncertainty for the litigants.

PENERAPAN HAD POTONG TANGAN PADA KASUS PENCURIAN (Analisis Surat Al-Maidah Ayat 38 Berbasis Hadis)

Theft is a crime that often occurs in society with various targets. The rampant theft that has occurred has caused unrest for the local community. Because, theft is not more or less done by the way the perpetrator of theft kills the victim so that his crime is not known to anyone. For this reason, handling is needed in overcoming this crime of theft by applying Islamic law so that the perpetrators are deterred and the community lives peacefully. The main issues that we will examine in this study are: Analyzing the punishment of cutting hands in theft contained in Qs. Al-Maidah: 38 where the perpetrators of theft, both men and women who commit theft, will be subject to Had Amputation. relates to Hand Amputation and will provide conclusions regarding the application of Hand Amputation in Theft

ANALISIS SURAT AL-MAIDAH AYAT 38 TENTANG PENERAPAN HAD POTONG TANGAN KASUS PENCURIAN PERSPEKTIF TAFSIR AL-MISHBAH

Theft is a crime that often occurs among people with various targets. The rampant theft that has occurred has caused unrest for the local community. Because, theft is not more or less done by the way the perpetrator of theft kills the victim so that his crime is not known to anyone. For this reason, handling is needed in overcoming this crime of theft by applying Islamic law so that the perpetrators are deterred and the community lives peacefully. The main issues that we will examine in this study are: Analyzing the punishment of cutting hands in theft contained in Q.S. al-Maidah/5: 38 in which the perpetrators of theft, both men and women who commit theft, will be subject to Had amputation here, whether they are Universal or Partial in the Perspective of Al-Mishbah Tafsir. we will provide conclusions regarding the application of hand-cutting had in theft

Kebijakan Untuk Mencegah Pencurian Data Pribadi Dalam Media Elektronik

This article discusses the significance of implementing special regulations to maintain the confidentiality of personal data for every citizen as well as implementing strict and comprehensive anti-theft practices through electronic media in Indonesia. This study aims to present an understanding of legal protection against identity theft crimes in cyberspace and the factors that can trigger these crimes. The research method used is normative with reference to library materials in the form of legal materials such as journals, concepts, papers, theories, principles and legal norms currently in force in Indonesia.

Legal Aspects Of Oil Palm Theft In Rantau Prapat Jurisdiction

The crime of theft is regulated in Article 362 of the Criminal Code (KUHP) which states that anyone who takes goods, wholly or partly belonging to another person, with the intention of possessing the goods against the law, shall be punished for stealing with imprisonment for a maximum of five years or a fine of as much as nine thousand rupiah, but in practice there is still a crime of oil palm theft in the rantau prapat area which is the city of dollar. The purpose of writing is to explain the causes of the crime of oil palm theft in the jurisdiction of rantau prapat, to explain the efforts to resolve oil palm theft in the jurisdiction of rantau prapat. Data obtained from the results of field research as well as data from the results of literature research, secondary Data is done by reading and analyzing legislation, books, and articles related to this research. Field research was conducted to obtain primary data through interviews with respondents and informants.analyzed using a qualitative approach. the preparation of research results is carried out using a descriptive method that is trying to give a real picture of the realities found in practice by describing the results of field research accompanied by a description of the applicable legal basis. The results of the study into the causes of oil palm theft in the jurisdiction of rantau prapat are economic factors, factors of opportunity, and factors of land disputes. Efforts to combat oil palm theft in the jurisdiction of rantau prapat have been carried out by preventive or preventive means, namely installing sheets on prohibitions and sanctions for those who steal oil palm both community and company property on Village information boards, then the police will make a reperesive effort, namely enforcement, arrest after receiving reports from the community. It is hoped that all authorities can work together and a sense of concern and resolution of land disputes for people living in the area of the company both from the government and the company in order to reduce the crime of oil palm theft in the jurisdiction of rantau prapat.

Kebijakan Hukum Tindak Pidana Pencurian Sepeda Motor Dengan Tindak Kekerasan

According to data collected by Bandar Lampung Police, between the beginning of the year and the end of 2022, officers handled 2,898 incidents, including 502 reports of motor vehicle theft, 247 reports of theft with aggravation, and 78 reports of theft with violence. The purpose of this article is to describe the legal policy of violent motorcycle theft. This research is a normative legal research, in this research the elements of the crime of theft with violence as formulated in Article 365 of the Criminal Code are studied. The results showed that a person who commits the crime of motorcycle theft with violence can be caught under Article 356 of the Criminal Code. In this case, the factors that cause a person to commit a violent motorcycle theft are economic factors, social environment, opportunity, and less than optimal law enforcement.

LEGAL ACCOUNTABILITY FOR THE PERSONNEL OF THE CRIME OF THEFT WITH AGRAM IN THE MEDAN STATE COURT

Judge's Consideration in Imposing Imprisonment Against Perpetrators of the Crime of Theft in Medan District Court In Decision Number: 1039/Pid.B/2022/PN Mdn The defendant was charged with theft in aggravating circumstances, carried out by means of juridical and non-juridical considerations proving the defendant guilty imposed on Article 363 paragraph (1) 4rd, 5th of the Criminal Code and Law Number 8 of 1981 concerning the Criminal Procedure Code and other relevant laws and regulations, so that the defendant is sentenced to imprisonment for 3 (three) ) year and 6 (six) months was deducted while the defendant was in temporary detention. Evidence in the perpetrators of the crime of theft in Medan District Court In Decision Number: 1039/Pid.B/2022/PN Mdn, considering the elements, a) whoever,

Community Legal Education about Criminal Policies in the Context of Post-Covid 19 Pandemic Economic Recovery in Mokoau Village, Kendari City

Crime prevention is an effort to provide protection to the community and realize the welfare of the community. The phenomenon that occurs in the people of Kendari City is not only the high number of street crimes, but also the potential for conflict in society. The high level of crime will greatly affect economic recovery efforts, especially after the Covid-19 pandemic. This community service aims to increase people's knowledge and understanding of the importance of preventing and overcoming crimes that occur in society. This service is carried out in two stages. First, identify legal problems that occur in the community, namely in Mokoau Village. As a result, the crime of theft and the behavior of consuming alcohol are crimes that often occur. Second, direct socialization to the community and conduct legal counseling related to crime prevention policies. At this stage, the public is given an understanding of the modus operandi of theft crime, strategies to prevent theft crime and the impact of alcohol consumption behavior in particular and the impact of crime in society in general. The results of this service show an increase in public knowledge and awareness of responsibility in preventing and overcoming crime. Residents who have very high understanding increased from 13% to 65%. Meanwhile, residents' low understanding of obligations and responsibilities in crime prevention and overcoming decreased from 47% to 13%. That all communities have the same roles and responsibilities in realizing peace and comfort in the community environment.

Prevention of Theft with Aggravated Circumstances at Semarang City

The operational task of the police is a task that is directly in contact with the community, the benchmark for success is the realization of public trust in the National Police. In the jurisdiction of the Semarang Police, there are still rampant criminal acts of theft with ballast. Many people suffer losses due to the frequent occurrence of these crimes, such as physical disorders, economic losses, and psychological disorders. The implementation of the Samapta Unit motor vehicle patrol and the factors affecting the motor vehicle patrol activities of the Samapta Unit in preventing theft crimes with ballast (curat) need to be optimized. Management theory, crime prevention theory, organizational resource theory, patrol concept, and the concept of stolen crime, are applied to improve the effectiveness and efficiency of the implementation of samapta unit motor The operational task of the police is a task that is directly in contact with the community, the benchmark for success is the realization of public trust in the National Police.

The Deterrence Effect of Police Stations on Crime in Buenos Aires and Mexico City

Police stations are not only necessary but constitute a physical representation of police force presence in neighborhoods. The deterrence effect that their location has on crime is supported by structural deterrence theory. However, few studies have empirically examined this deterrence effect, much less from a comparative perspective. Based on the cases of Buenos Aires and Mexico City, this study finds descriptive evidence of a deterrence effect of police stations and micro stations on crimes of homicide, carjacking, and vehicle theft. These findings are further supported by the examination of significantly different crime distributions around parking lots and bank locations as counterexamples to police locations.

The Role Of The Polri Criminal Reserve Unit In Revealing Cases Of Motorcycle Theft (Case Study Of Polres Semarang)

The increase in vehicle theft cannot be stopped due to the increasing growth rate of vehicles which is quite lofty in urban and rural areas. The growth rate of motorized vehicles is not proportional to the growth of roads or the length of roads available. Such conditions will indirectly affect the development of urban planning. The evidenced by the limited land or sufficient motorized vehicle parking pockets that people are no longer aware of safety factors in parking their vehicles and their concern for other road users. Negligence in paying attention to safety factors in parking a vehicle will facilitate the crime of motor vehicle theft. Roadside parking lots and shopping centers are places that are most vulnerable or often targeted by motor vehicle theft perpetrators. For it, the community must take preventive efforts, not just rely on security forces to overcome, or minimize opportunities for motor vehicle theft. Involving the community carries out security such as night patrols or night watch because at night it is considered very vulnerable compared to other moments of vehicle theft that happen in society when bearing the eradication of crime, the police sometimes encounter various obstacles. The role and responsibility of the Police Investigator are expected by the public to uncover cases of vehicle theft that are considered not optimal by the community because all the people who report to the authorities, here are the police, and only a small part is followed up. The type of research is normative research.

Analisis Normatif Penegakan Hukum Tindak Pidana Pencurian

The most essential legal basis in Indonesia is Pancasila and the 1945 constitution, in addition to other legal products. Basically there are many things that can be the cause of crime, especially from the point of view of the conditions or circumstances of society, for example poverty or economic downturn is the cause of a lot of theft, lots of juvenile delinquency, rampant corruption that causes tendencies to rebel or reluctance of people to obey the rules, regulations in force, the absence of legal certainty that can grow the seeds of hatred, especially between the weak against the strong. Likewise, the legal awareness of the general public or the local community in many ways can be seen as a symptom of a crime or crime. Theft that occurs at this time can be caused by the difficulty of finding work, due to the number of people who do not match employment opportunities, many people who drop out of school, because a school graduation certificate is a formal requirement in finding a job. Therefore, people use shortcuts, namely working a little and can make a lot of money, even by committing the crime of theft that violates the law. Punishments or crimes that can ensnare those who are proven to have committed the crime of theft, namely imprisonment for a maximum of 5 (five) years for ordinary theft or imprisonment for a maximum of 9 (nine) years, if the theft was preceded, accompanied or followed by violence and even the death penalty or imprisonment for life if the crime of theft is committed by two or more persons which results in serious injury or death of a person. The crime of theft is regulated in Chapter XXII Book II of the Criminal Code (KUHP), there are 5 articles that regulate the crime of theft consisting of Articles 362, 363, 364, 365 and 367.

The Matter of Grandma Minah in the Perspective of Positivism

Purpose: In a law there are various parties who will enforce the laws in force in Indonesia. These parties carry out law enforcement so as not to create a violation of the law, bring order to society and regulate society in accordance with the norms and rules that apply in a country is not easy to apply in public life.Methodology:The resolution of a case of violation of the law is a legal process. Legal process is an action to resolve cases of violations of the law to achieve a settlement in accordance with applicable regulations in Indonesia.Findings: In legal cases that have occurred in Indonesia, the provision of criminal sanctions against Grandma Minah who is a cocoa thief has received a lot of attention from the public. The case of "Grandma Minah" is an example of law enforcement in Indonesia that is still considered by the public to have not realized sanctions in rulings in accordance with conscience and moral considerations.Implication:The reason that often arises is the injustice of sanctions against theft crimes that can actually still be resolved by familial means. But this is the reality that occurs on the ground between legal theory and practice that has different implementations.

Juridical Analysis of Polri's Role in Committing The Crime of Theft With Violenceabstrak

Juridical Analysis of Polri's Role in Committing The Crime of Theft With Violenceabstrak

Analisis Perlindungan Hukum Terhadap Anak Sebagai Pelaku Tindak Pidana Pencurian dengan Diversi Berdasarkan Undang-Undang No 11 Tahun 2012 Tentang Sistem Peradilan Pidana Anak

The Surabaya District Attorney's Office has implemented the concept of diversion settlement against children in conflict with the law as perpetrators of criminal acts with a total number of successful diversion attempts, namely in 2019 a total of 87 cases, in 2020 71 cases and in 2021 39 cases. This study uses a normative juridical method with descriptive analytical research specifications. This study aims to determine legal protection for children with diversion at the Surabaya State Prosecutor's Office as well as obstacles and efforts to overcome the implementation of diversion. The type of data used in this study is secondary data with the first formulation of the problem. How is legal protection for children as perpetrators of the crime of theft with diversion? based on Law No. 11 of 2012 concerning the Juvenile Criminal Justice System at the Surabaya District Attorney? And the second formulation of the problem are what are the obstacles to the implementation of protection for children as perpetrators of the crime of theft with diversion at the Surabaya District Attorney. The results obtained from the results of this study are the protection given to children as perpetrators of criminal acts of theft, namely with the settlement process outside the court with the concept of diversion settlement. The legal protection that is applied to the prosecutor in solving child theft cases is implemented with reference to Law 11 of 2012 concerning the Juvenile Criminal Justice System where diversion must be carried out as an effort to provide legal protection, and there are also obstacles to the implementation of diversion so that the author provides suggestions so that the implementation of diversion can be carried out even better by providing outreach to the community about the role of diversion in resolving cases of children as perpetrators of criminal acts, revision of Law no. 11 of 2012 concerning the Juvenile Criminal Justice System regarding the timeframe for implementing diversion which is lacking and the last effort is law enforcement in this case, prosecutors must instill diversion better.

RETRACTED: Can Digital Financial Inclusion Help Reduce Urban Crime? Evidence from Chinese Criminal Judgment on Theft Cases

The rapid development of digital finance has changed all aspects of human life and has also had a deep impact on the social governance system. This paper constructs an unbalanced panel of data of the theft crime rates for 289 cities in China during 2014–2019 based on the theft criminal judgments published on China’s Judicial Documents website and explores the impact of digital financial inclusion on urban theft crime. It shows that there is a significantly negative correlation between digital financial inclusion and the urban theft crime rate, indicating that the development of digital financial inclusion can effectively reduce urban theft crime, which is also confirmed by instrumental variable analysis based on the spherical distance between cities and Hangzhou, and that digital financial inclusion mainly reduces theft crime committed by more serious and highly educated individuals. In addition, mechanism analysis shows that digital financial inclusion can reduce the expected benefits of theft by enhancing payment convenience and raise the opportunity cost by promoting employment. Therefore, in the Internet era, it is essential for China to continuously improve social governance tools that adapt to the development of new technologies to achieve high-quality urban development.

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.

PROBLEMS OF QUALIFYING FORGERY JOB TITLE CRIME

In conclusion, the crime of forgery is not a symptom of some form of theft of property. It is a piecemeal crime that encroaches on its independent object. For this reason, the method of using the forgery of office in the robbery of other people's property, after the completion of the crime of forgery and theft of the property of others, regardless of whether it was done in the process of its implementation or before its implementation, the actions of the accused should be qualified according to the set of articles on forgery of office and robbery of other people's property.

Clerical-Collar Crime: How Church Members Deal When Church Leaders Steal Church Property

Christian churches will lose an estimated $59 billion worldwide to embezzlement in 2022. Embezzlement and other white-collar crimes are property theft crimes characterized by the violation of another’s trust. This Comment names white-collar crimes committed exclusively by church leaders or officials “clerical-collar crimes.” Distinguishing clerical-collar crime from white-collar crime gives weight to and promotes future consideration of the unique problems that arise when church leaders and officials commit clerical-collar crime.Although clerical-collar crime is subject to civil and criminal liability, this Comment focuses solely on victims’ experiences in bringing civil claims against perpetrators of clerical-collar crime in Texas and leaves clerical-collar crime prosecution and punishment to future study. This Comment begins by examining three reasons why churches are uniquely vulnerable to clerical-collar crime. Then, this Comment describes three civil claims church members can bring against perpetrators of clerical-collar crime, two challenges church members face in bringing those claims in Texas, and the difficulty of recovering stolen property due to the judgment-proof problem. This Comment concludes by making several recommendations to protect churches from clerical-collar crime and mitigate victims’ losses.

POWER BUSINESS INTELLIGENCE DASHBOARD VISUALIZATION of LOSSES NUMBER of MOTOR VEHICLE in EAST JAVA, INDONESIA

East Java Province has a high number of motorized vehicle losses with various modes of crime. There needs to be a system that can process the data to assist the decision-making process for law enforcement officers in investigating the crime of motor vehicle theft and reducing the amount of loss. For this reason, in this research, data processing of motor vehicle theft was carried out using Business Intelligence (BI) and displayed on the Power BI dashboard. The research methodology used is literature study, interviews, data collection, implementation, evaluation, and documentation. The test results show the highest number of vehicle theft cases occurred in 2016 (1,635 cases) with the most modes using fake keys, and with the highest vehicle brand being Honda. The final result of the study shows that the presentation of data and information visually and interactively based on Power BI can help law enforcers to understand data, obtain information, and make decisions and policies to handle motorcycle theft cases.