Theft Crimes Research Articles

The Role of the Prosecutor at the Aceh Tamiang District Prosecutor's Office in Prosecuting Cases of Theft Crimes (Decision Study No. 44/Pid.B/2020/Pn. Ksp)

The purpose of this study was to analyze the roles and prosecution procedures carried out by the Aceh Tamiang District Attorney in prosecuting cases of theft (Decision Study No. 44/Pid-B/2020/PN.Ksp). The research method used is normative juridical research. The results of the study show that the role played by the Aceh Tamiang District Prosecutor's Office in prosecuting the crime of theft (Decision Study No. 44/Pid.B/2022/PN. Ksp) is as follows: The Attorney General's Office acts as a prosecutor in cases of theft crime; The Attorney General's Office has a role in carrying out the investigative process related to the crime of theft based on Indonesian law; The Attorney General's Office of Aceh Tamiang has the role of transferring cases to court and carrying out prosecutions at trial; The Aceh Tamiang District Prosecutor's Office plays a role in assisting judges in giving criminal decisions decided by judges handling cases of theft. The prosecution procedure carried out by the Prosecutor is to make legal efforts in accordance with the criminal procedure law. This writing concludes that the Aceh Tamiang District Prosecutor's Office should provide legal counseling or socialization to the community in order to minimize the number of criminal acts of theft in the province of Aceh.

Analisis Hukum Pidana dan Hukum Pidana Islam Dalam Menerima Barang Gadai Hasil Curian:

In the current era of globalization, there are more crimes that occur and cases that occur in people’s lives, this has a direct effect on the increasing typses of crime rates which are forms of social deviation that are often found insociety. An increasingly widespread crime is the theft of goods, especially electronic goods such as handphone, laptops, televisions, speakers, and others so that the perpetrators can sell or pawn these items in order to remove traces of the victim and gain profit. The purpose of this study is to find out by analyzing how criminal law and Islamic criminal law work in cases of receipt of pawned good resulting from the crime of theft. The method used by researchers is normative legal research, namely legal research based on surves of book materials and secondary sources. The basic of criminal law is used, including articles related to theft, which are regulated in article 362 of the Criminal Code and article 480 of the Criminal Code regarding collection, while in the review of fiqh jinaiyah it was decided that Ta’zir punishment where the judge is the one who is empowered to sentence the perpetrator with the aim of providing a deterrent and educational effect so that criminal behavior does not occur again. 
 Keywords: criminal law, Islamic criminal law, pawning, theft.

KEKUATAN PEMBUKTIAN SAKSI MAHKOTA SEBAGAI ALAT BUKTI DALAM PEMBUKTIAN TINDAK PIDANA PENCURIAN DENGAN PEMBERATAN

<em>This article analyses the strength of the crown witness evidence in proving qualified theft crime in Verdict Number 342/Pid.B/2021/PN Sbr. The purpose of this article is to determine the strength of evidence of the crown witness in proving qualified theft crime. This research is normative legal research which is perspective and applied. This legal research uses a case approach. Types of legal materials used are primary and secondary legal materials. The technique of collecting legal materials used is library research. The analysis technique used is the deductive method. Based on the research results, it can be understood that the strength of evidence of the crown witness in proving qualified theft crime in Verdict Number 342/Pid.B/2021/PN Sbr is valid and accountable because it has fulfilled the requirements as evidence. As for the strength of evidence, it is independent and depends on the judge's judgment.</em><p>Keywords: <a href="/verstek/article/view/73022"><em>Strength of Evidence; Protection of the Defendant's Human Rights; Crown Witness.</em></a></p>

KAJIAN HUKUM TINDAK PIDANA PENCURIAN YANG DILAKUKAN SECARA BERSAMA-SAMA

The crime of theft which is committed jointly or often called theft with weighting, is a serious violation of law and has important implications in the criminal justice system. This study aims to examine the legal aspects related to the criminal act of theft which was carried out jointly based on the Criminal Code. The type of research used in this research is normative legal research. The legal material used is the Criminal Code as the primary legal material. The approach used is the statutory approach, the conceptual approach and the case approach, in this case the Case Study of Curanmor by Mother-in-law and Son-in-law in the Legal Area Tangerang Banten Police. The results of this study indicate that criminal responsibility for the perpetrators of the crime of theft committed jointly by in-laws and sons-in-law can be subject to Article 363 paragraph (1) with a maximum prison sentence of 7 (seven) years, can even increase to 9 (nine) years if in the trial process it is found that the theft was carried out at night by destroying the victim's house in order to facilitate the illegal possession of the target object. As for law enforcement for the perpetrators of the crime of theft through 2 stages, namely the pre-trial stage, namely investigation and investigation by the police and the trial stage, namely the process of proof and prosecution by the Public Prosecutor in the trial and the Verdict by the Panel of Judges. In relation to the case studies in this study, several factors lead to the occurrence of theft, including the high economic value of vehicles, relatively low vehicle safety, black markets, lack of public safety awareness, and social and economic disturbances. It is understood that the crime of motor vehicle theft is committed by the lower middle class in an effort to maintain life as an effort made by son-in-law and mother-in-law in this case;

TINJUAN YURIDIS KASUS TINDAK PIDANA PENCURIAN DALAM KELUARGA

"Juridical Review of the Crime of Theft in the Family" This research is motivated by the various efforts made by the authorities and the community members themselves to eradicate the crime of theft. Law enforcement for the crime of theft in the family is not only the task of law enforcement officials, but also participation from within the family, among other things, this can be minimized by efforts to provide knowledge about the law to the family members themselves. In this study, the authors used descriptive qualitative analysis method, which is a research method based on postpositivism philosophy used to examine natural object conditions (as opposed to experiments) where the researcher is the key instrument of data collection techniques. The offenses referred to in Article 367 paragraph (2) and paragraph (3) of the Criminal Code are relative complaint offenses, namely offenses in which the existence of a complaint is only a requirement so that a perpetrator can be prosecuted.

The Concept of Law Enforcement of the Crime of Theft through a Restorative Justice Approach

This research is considered important because efforts to resolve general criminal cases in Indonesia through a restorative justice approach can be realized if a regulation of material criminal law can be substantively reconstructed to provide legal certainty for justice seekers in a restorative justice manner. There was a conflict between Das Sein and Das Sollen. There are three problems raised in this dissertation research, which are about how the concept of law enforcement for criminal acts of theft through a restorative justice approach. To analyze these problems used the social legal research method. The results of this study found that the restorative justice approach is to realize the implementation of restorative justice in the settlement of general crimes with substantive legal, progressive, efficient and just powers. Reconstruction of several articles consisting of formal and material laws and regulations as well as law enforcement implementing regulations including the Criminal Code, the Criminal Procedure Code, the Prosecutor's Office Regulation of the Republic of Indonesia Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice, Regulations Kapolri Number 14 of 2012 concerning Investigation Management, Kapolri Regulation Number 3 of 2015 concerning Community Policing. The concept of upholding the crime of theft through a restorative justice approach is to realize sentencing efficiency and a change in the sentencing paradigm. Looking at the phenomenon of the Indonesian judiciary which is very crowded from the accumulation of case files as an illustration of the large number of cases in this Republic, the condition of prisons that are over capacity, as well as the increasingly high state budget for financing legal proceedings.

Analisis Yuridis Tindak Pidana Pencurian dengan Pemberatan Ditinjau dari Pasal 365 Ayat (1) dan Ayat (2) Ke-2 KUHP : Studi Kasus Putusan No. 751/PID.B/2021/PN JKT.TIM

Theft accompanied by other acts such as violence resulting in death, including provisions stipulated in Chapter XXII Book II of the Criminal Code. Theft which resulted in death is regulated in Article 365 paragraph (3) of the Criminal Code. Overall, theft is a crime. A criminal act is a criminal act, which is punishable by imprisonment and/or a fine. Imprisonment is an unpleasant punishment for the recipient (the person receiving it). People who are imprisoned for some time do not enjoy freedom, can breathe outside the prison. One of the objectives of this research is to socialize to the public the crime of theft that is committed by more than one person is the crime of theft by weighting. The method used in this study is to use the literary method, where researchers obtain from library materials such as: books (literature), magazines, newspapers, laws and regulations, general dictionaries, legal dictionaries and encyclopedias and the research results obtained from this writing, it is the judge's consideration, to impose a sentence of 2 (two) years each, to the defendant because based on the witnesses, the evidence available to the defendants is proven guilty. for 2 (two) years in prison because defendants 1, 2, 3 and 4 were proven to have joint intentions.

The Urgency of Policies to Combat Violence against Domestic Workers

This article answers the importance of Policies for Combating Violence Against Domestic Workers (PRT) that are firm and comprehensive in providing legal protection. This problem arises from the lack of clarity in the current regulations, namely regarding security for carrying out the teachings of a religion, especially the teachings of Islam. So far, Indonesia does not yet have a law that specifically regulates efforts to deal with criminal acts of violence against domestic workers. This article will discuss the urgency of the Policy for Combating the Crime of Theft Against Domestic Workers. The research method used research that is normative juridical, namely research with a focus on the study of the application of norms in positive law in Indonesia. Regulations regarding legal protection for domestic workers are still not clear or explicit. The rules used relating to the protection of domestic workers still use Article 2 paragraph 1 letter C and article 2 regulates domestic workers. Law Number 23 of 2004 concerning the Elimination of Domestic Violence. This article is still felt to be less effective. Therefore, it is deemed necessary to immediately enact a separate law relating to the legal protection of domestic workers (PRT) so that they can guarantee security and protection when working as domestic workers.

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.

Sanksi Hukum Bagi Anak Sebagai Pelaku Tindak Pidana Pencurian Dengan Kekerasan (Studi Kasus Putusan Nomor: 25/Pid.Sus-Anak/2021/Pn Bks)

Children are part of the younger generation as one of the human resources that hasa strategic role and has special characteristics and traits. The Law on Juvenile Courts is considered no longer appropriate to protect children's rights before the law. The writing of this study aims to determine the application of legal sanctions for children as perpetrators of the crime of theft with violence and analyze the Judge's Decision for Children as Perpetrators of Violent Theft (Case Study of Decision Number: 25/Pid.Sus-Anak/2021/PN Bks). The method used in this research uses the Normative Research Method, namely research whose object of study includes norms or basic rules, legal principles, laws and regulations, comparative law, doctrine, and jurisprudence. The type of data used is secondary data, namely data obtained from literature (library research). This research is descriptive Analytical. In this case the defendant was 17 years old, Child in Conflict with the Law ANDIKA PRATAMA Alias DIKA Bin M. SURON, had committed. Theft with violence against persons as regulated and punishable in the indictment by Noting, Article 365 paragraph (2) 1st and 2nd of the Criminal Code and Law Number 11 of 2012 concerning the Criminal Justice System for Children Against the Law and Law Number 8 of 1981 concerning Criminal Procedure Law and other relevant laws and regulations violating Article 365 paragraph (2) 1st and 2nd of the Criminal Code.

“Tec-House” WEBCAM-BASED REMOTE SENSING SYSTEM FOR HOME AND BUILDING SECURITY USING THE HAAR CASCADE METHOD

A home security system is something that every home owner must pay attention crimes such as burglary often put homeowners at risk. Therefore we need a tool that can bring together automatically remotely to protect the house. The system worked on in this article is a remote sensing system based on webcam. The method used in this sensing system uses the haar cascade classifier method. The results obtained from this remote sensing system are for the implementation of the system on homeowner data sets with 98% results, while for non-home owner image data sets with 96% results. From the results of using a webcam-based remote sensing system using the Haar Cascade Classifier method it can be implemented properly and the average error is 97%. The existence of this Tec-House tool can reduce the crime of theft in a house or building.

Criminological Analysis of Criminal Actions Motor Vehicle Theft Based Victimological Perspective (Decision Number: 168/Pid.B/2022/PN.Kla)

Criminology is the science that studies crime. Crime is an act that harms society so that a negative reaction is given to it. One of the crimes that often occurs in society is the crime of motor vehicle theft. It is said to be detrimental because of the crime of theft of a motorized vehicle whose target object is a motorized vehicle that has high mobility and has high economic value. While victimology is the study of victims. It is said as a victim because there are several factors that make people commit these crimes. The problems in this study are the factors that cause the crime of motor vehicle theft and legal protection for the perpetrators of theft who participate in helping the main perpetrators based on a victimological perspective. The results of this research and discussion show that the factors that cause the crime of motor vehicle theft are environmental and economic factors. This was due to an invitation from a friend of the defendant who invited him to commit the theft as well as economic factors due to the high level of poverty which made the defendant not hesitate to take part in the theft of motorized vehicles. As well as legal protection for the perpetrators of theft who participate in helping the main actors based on the perspective of victimology is to get justice as fair as possible because the defendant behaves well and surrenders himself to the authorities.

Restorative Justice dalam Perkara Tindak Pidana Pencurian (Studi Putusan Nomor 28/Pid.B/2022/Pn.Lbb)

Law in Indonesia is divided into criminal law and civil law. Criminal law is the law that regulates what actions are prohibited and gives punishment to those who violate them and regulates how to bring cases to court, for example theft. One of the law enforcement efforts in overcoming the crime of theft that is firm, consistent and integrated, can be done in one way, namely the application of restorative justice. The research method used is a normative juridical method with a law approach and a case approach. From the results of the study, it was found that the legal basis for restorative justice in the case of the crime of theft is based on the Supreme Court Regulation Number 02 of 2012 concerning Adjustment of the Limits of Minor Crimes and the Amount of Fines in the Criminal Code, Article 4 Memorandum of Understanding with the Chief Justice of the Supreme Court of the Republic of Indonesia Minister of Law and Human Rights Man, the Attorney General of the Republic of Indonesia, the Head of the Indonesian National Police regarding the Implementation of Adjustment on the Limits of Minor Crimes and the Amount of Fines, Quick Examination Procedures, and the Application of Restorative Justice Number: 131/KMA I SKB IX/2012 Number: M. HH - 07. HM. 03. 02 of 2012 Number: KEP - 06 /E IEJP /10/2012 Number: B/39/X/2012 Article 3 Regulation of the Indonesian National Police Number 8 of 2021 concerning Handling of Crimes Based on Restorative Justice and Article 4 paragraph (2 ), Article 5 paragraph (1) of the Prosecutor's Office Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. The judge's consideration in deciding restorative justice for the theft criminal case in the decision number 28/Pid.B/2022/Pn.Lbb was based on the testimony of witness Mulyono, several previous decisions related to restorative justice and Article 10 paragraph (1) of Law Number 48 Year 2009 on Judicial Power.

PUNISHING DOMESTIC HOUSEBREAKING

Housebreaking is pre-eminently a crime of violation. From the earliest times the interest of a person in the safe and private habitation of his home has been treated reverently and regarded as deserving of special protection by the law. This is reflected in the original rationale for the crime, in its Common Law manifestation, as an offence against the habitation. Domestic housebreaking, consisting of the breaking and entry into a dwelling for the purposes of committing a crime within, is thus the classic form of the housebreaking crime, involving the violation of the dweller's sanctuary from external attack (for, as Coke has enquired, “where shall a man be safe if it be not in his house?”). The consequences of domestic housebreaking are not only (in the typical case) material loss, but a significant degree of psychological or emotional trauma. The victim has to contend with more than just the initial shock however. Research has indicated that feelings of fear and nervousness, along with changes in eating and sleeping patterns, may persist long after the housebreaking has taken place. Where the incident of housebreaking goes beyond simple transgression of property interests, with a concomitant infringement of the victim's territoriality, and results in a confrontation between housebreaker and victim, it follows that the resulting harm may be notably amplified.
 It brooks no denial that housebreaking is a paradigmatic criminal act. This is reflected in its ubiquitous presence as a substantive offence in all jurisdictions based on English “Common Law”, usually as “burglary” or “breaking and entering”. Moreover, the conduct associated with housebreaking is criminalized in civil law jurisdictions, usually as either an aggravated form of the crime of theft or a trespass offence. Given the consensus that the conduct associated with the housebreaking crime is deserving of criminalization, this leads as a matter of course to the issue of punishment – what factors ought to be taken into account in determining the sentence of the convicted housebreaker?

Crime of theft prediction using Machine Learning K-Nearest Neighbour Algorithm at Polresta Bandar Lampung

The era of the industrial revolution 4.0 is a time where cyber and physical technology collaborate. This study aims to predict the types of theft crimes that occur in the Bandar Lampung Police area with the K-Nearest Neighbor algorithm, evaluate the prediction results and profiling the prediction results carried out by Bandar Lampung Police investigators in efforts to prevent and handle criminal acts of theft in the jurisdiction of the Bandar Lampung Police Lampung. The approach was carried out using the quantitative method of the K-Nearest Neighbor algorithm using the Rapidminer application by utilizing 1671 police report data from the Bandar Lampung Police and a questionnaire survey method conducted on 49 police investigators from the Bandar Lampung Police. Data collection techniques are carried out in a valid and reliable manner as a support for predictive validity. Based on the results of the classification and questionnaire, it was found that the majority of victims of the crime of theft were adult men who did not have a job and lived in urban areas. It was found that the majority of thefts occurred in parking lots in urban areas on Monday morning where the perpetrators used tools and targeted moving objects by tampering with locks which caused losses of around 10-50 million rupiah. This type of theft is theft by weighting (CURAT) which applies to Article 363 of the Criminal Code. The prediction results show that the neighboring value (K) and the distribution ratio of training and testing data are K=3 and 7:3, respectively. Predictions using K values and data sharing ratios show a high level of accuracy, namely 99. 20%. The results of the questionnaire show results that are in line with the results of the classification with an accuracy rate of the actual data of 75. 7122%. So by increasing the understanding skills of Bandar Lampung Police investigators using technology to predict the crime of theft, the number of theft crimes can be reduced.

State Policies and Islamic Law Regarding Juvenile Punishment for Theft

The development of an increasingly sophisticated era certainly has an impact on children, both positive and negative impacts. Due to the absence of maximum direction and assistance to children, children can at any time do disgraceful acts. When children are involved in the crime of theft, they will be faced with the law and processed. Therefore, there is a need for special guidance and assistance from parents and parties whose status and roles have been recognized as external companions for these children. In this research, the writer uses descriptive qualitative research method with normative juridical research type. The analysis was conducted to determine the form of state and Islamic protection against children who are perpetrators of the crime of theft. The results of the study state that the judge can give a decision on the case of a child crime case of theft. However, legal protection is needed for children who do not commit the crime of theft, considering that they are still underage and still need to be given more maximum attention and guidance. The state protects children because their future is also the future of the state. Every level of society in Indonesia is obligated to provide moral support and guarantee that children in dispute with the law are not excluded from the social environment and society, and that they continue to obtain an appropriate education so that their futures are secure. So that youngsters affected by this law do not feel alienated, continued enjoyment of the nation's youth is possible.

Discontinuation of Prosecution Theft Crime Through Humanist Restorative Justice House in Islamic Criminal Law in Lampung

The existence of restorative justice certainly brings a new paradigm in the settlement of criminal cases, by seeking to settle cases solely outside the court. The implementation of restorative justice-based termination of prosecution can be applied to the crime of theft as the highest number of cases in Indonesia. Meanwhile, there has recently been the establishment of restorative justice houses in each jurisdiction of the prosecutor's office to optimize the resolution of all legal problems by filtering cases that go to court, dissemination of law to residents, and being able to develop local wisdom by involving local traditional leaders to emphasize consensus deliberation. In essence, Islamic law is a modern law because it has recognized the form of restorative justice settlement in jarimah qisas and diyat. The concept of restorative justice in Islamic criminal law is carried out through peace and forgiveness by realizing the creation of justice and balance for the perpetrators of criminal acts and the victims themselves. The research approach is to use a normative juridical method with reference to laws and regulations sourced from primary data and literature studies originating from criminal law literature in Indonesia, which is then processed into a specific conclusion. The results of the study show that humanist restorative justice houses are an alternative to solving cases of theft. the embodiment of restorative justice in a hybrid way within the prosecutor's office will be achieved as a humane law enforcement agency in Lampung province. Forgiveness given by the victim, or his family can cancel the kisas punishment. Through the concept of diyat, compensation for compensation for the consequences of the crime can be felt directly by the victim or his family

THE ENFORCEMENT OF CRIMINAL LAW AGAINST VIOLENT THEFT CRIMES

Occasionally, technological advancements and the growth of human civilization are accompanied by an increase in human requirements. This has a negative effect because it will increase the likelihood of criminal activity. Theft with violence is a type of crime that has recently occurred in every region and has been extensively discussed, as it severely disrupts security and public order. Consequently, the purpose of this study was to investigate the enforcement of criminal law against the offense of larceny with violence. Using a normative juridical approach with a statutory approach and a case approach, secondary data with additional primary, secondary, and tertiary legal materials were analyzed qualitatively in this study. In light of these findings, Chapter XXII of the Criminal Act of Theft is governed by Articles 363, 363, and 365 of the Criminal Code (KUHP). This indicates that law enforcement officials must refer to these articles when imposing violent punishments on thieves. Violent crime Criminal law enforcement is an effort to translate concepts of criminal law justice into legal certainty and social benefits in every legal relationship. There are three factors that must always be considered in law enforcement: 1) legal certainty (Gerechtigkeit), 2) justice, and 3) effectiveness. Legal structure, legal substance, legal culture, and legal remedies (preventive and punitive measures) comprise the efforts to uphold the law in instances of theft crimes involving violence.

Keylogger Threats in Computer Security Aspects

Along with the development of increasingly advanced technology, the level of need for information security is very important. With the development of information, new problems arise regarding computer security, an example of computer security that often occurs is data theft. Data security in accessing a computer is a form that must be considered both physically and non-physically. One form of data theft crime is recording traces of a computer keyboard with the help of hardware or software. Keylogger is a data theft technique by recording typing on a computer keyboard, by recording when the computer is entered, intruders can enter and steal it. The purpose of this paper is to understand how keyloggers work so that prevention can be carried out by carrying out various kinds of solutions and also to maintain data security systems and know supporting and anti-keylogger software

Investigating the effect of people on the street and streetscape physical environment on the location choice of street theft crime offenders using street view images and a discrete spatial choice model

As street crime occurs in the street, it is reasonable to assume that the location choice of street crime offenders is affected by streetscape conditions and people on street. However, this issue has not been investigated by previous research, possibly because fine-grained streetscape data are hard to obtain. Traditional data-gathering methods like questionnaires, field surveys, and manual audits are inefficient and only applied to small areas. Social media and mobile phone data have recently been used to measure the ambient population. However, they are unable to distinguish between indoor and on-street people. To overcome these limitations, the present research applied an integrative deep learning algorithm combining an object detection network and a semantic segmentation network to extract on-street people and physical environment elements from fine-grained street view images (SVIs) in a large Chinese city. The extracted elements include fences, walls, windows, grass, sidewalk, and plants. Controlling the influence of residence-crime proximity, crime attractors, generators, detractors, and socioeconomic features, we constructed a discrete spatial choice model to investigate the influence of people on the street and the streetscape's physical environments on the location choice of street theft crime offenders. Results reveal an improvement in model performance after the streetscape variables are considered. Therefore, the streetscape context is essential for understanding offenders' preferences for crime locations. Specifically, the number of people on the street presents a significantly positive relationship with the offenders' preferences. Fences and plants have significant and positive effects on attracting criminals. Grasses and sidewalks negatively affect offenders' location choices. Walls and windows do not significantly affect criminals' crime location choices. Additionally, the associations between most control variables and offenders' preferences for crime locations conform to previous research findings. As the first attempt in combining SVIs, deep learning algorithms, and discrete spatial choice model, this study makes a contribution to the extant crime location choice literature.