Theft Crimes Research Articles

Corporate Crime in Illegal Fishing Practices and Its Enforcement in Indonesia

Indonesia is one of the largest archipelagic countries in the world which has a strategic location and has a very large diversity of biological resources. With the potential of marine resources that are owned, they are not immune from the problems they face, such as being a place for illegal fishing practices, especially in sea areas that are directly adjacent to other countries. This study aims to find out how corporate responsibility is as perpetrators of Illegal Fishing in Indonesia and how law enforcement efforts prevent illegal fishing. This study uses normative juridical research methods, namely research that focuses on studying the application of the principles of criminal law in Indonesia regarding the crime of fish theft. The results of the study show that legal protection and prevention of illegal fishing crimes are still not optimal. This can be seen from the lack of public legal awareness of illegal fishing practices and weak law enforcement against illegal fishing crimes. In addition, it is difficult to prove illegal fishing practices carried out by large corporations. Based on this, the authors are of the view that for the sake of realizing legal certainty it is necessary to optimize efforts to prevent and combat illegal fishing practices by involving the community and increasing supervision of illegal fishing practices in Indonesia and the importance of legal unification. provisions on illegal fishing among ASEAN countries. against setting Illegal Fishing practices. The conclusion that can be drawn is that in this case this can be seen from the lack of public legal awareness of illegal fishing practices and the weakness of law enforcement against illegal fishing crimes. In addition, it is difficult to prove illegal fishing practices carried out by large corporations.

Interpretation of the Crime of Theft in the Light of the Theory of Rational Choice

Objectives: The study aimed to explain the crime of theft in the light of the theory of rational choice.
 Methods: the study used the social survey method to collect data from a sample of 181 inmates. They study conducted a field study on inmates in Jordan's correction and rehabilitation centers.
 Results: The study found a moderate effect of initial engagement, criminal incidents, and continuous indulgence in committing the crime of theft. The study also revealed statistically significant differences between the viewpoints of the study sample regarding the level of influence of initial engagement and the criminal incident based on gender and age.
 Conclusions: The study recommends the necessity to achieve social justice through the development of legal systems by the legislative authority. The study also recommends the importance of strengthening the complementary function of the police, as they are the competent authority for the protection of public and private property and the implementation of the law.

Law Enforcement Efforts of Theft in Gedong Tataan District Court Based on Pancasila Justice

The theft crime is essentially taking the rights of others that do not belong to them secretly without coercion and the owner does not know about it. This action materially harms others and violates the values and norms that exist in society. The problem in this study is how the basis of the judge's consideration in deciding decision number 2/Pid.Sus-Anak/2022/PN.Gdt. This action materially harms others and violates the values and norms that exist in society. The problem in this study is to find out what is the basis for the judge's consideration in deciding decision number 2/Pid.Sus-Anak/2022/PN.Gdt. The problem approach used in this Legal Writing is a normative juridical and empirical juridical approach. The data sources in this research include primary data and secondary data. The resource persons in this research are judges at the Class II District Court of Gedong Tataan. The results of the research and discussion show that in deciding a juvenile criminal case, in this case, the crime of theft committed by a child, the judge as an official authorized to decide the case, sees the event from various existing legal facts and the results of research conducted by the community supervisor (PK) which later both of these become the basis for the consideration of the panel of judges. In the Gedong Tataan District Court itself, in meeting the standards for handling juvenile cases, several things still need to be addressed regarding facilities and infrastructure as regulated in the Decree of the Directorate General of the General Justice Agency.

LAW ENFORCEMENT ANALYSIS OF ZTE WI-FI ROUTER THIEVERY

The crime of theft is regulated in Book II, Chapter XXII of Law Number 1 of 1946 concerning on the Criminal Code (KUHP) Articles 362 to Article 367. In this Chapter, five types of theft are regulated, such as Ordinary theft (Article 362) Criminal Code, Theft with weight (Article 363) of the Criminal Code, Minor theft (Article 364) of the Criminal Code, Theft with violence (Article 365) of the Criminal Code, and Theft in the family (Article 367) of the Criminal Code. The type of research used in this research is sociological or empirical legal research since, in this case, the researcher directly observes what is happening in society. Based on the research result, Surabaya District Court, which conducts criminal investigations and trials, has decided in the defendant's case, sentencing the Perpetrator of Theft of Zte Wi-FiRouter Based on Decision Number 2011/Pid.B/2022/PN Sby. According to panel of judges, the punishment imposed on the defendant as stated in the court decision has been deemed as appropriate and fair, both from the defendant's interests, society's interests, and the implementation of the law generally, that punishment is used as a last resort and not as an attempt to exact revenge for the perpetrator act.

THE IMPLEMENTATION OF RESTORATIVE JUSTICE IN LAW ENFORCEMENT IN ITS ACCEPTANCE OF LAW ENFORCEMENT (Comparison of Law Application in Bantul Police)

The application of restorative justice at the investigation level based on the Circular Letter of the Chief of the Indonesian National Police Number: SE/8/VII/2018 concerning the Application of Restorative Justice (Restorative Justice) has been widely SE. 08/2018 concerning the Application of Restorative Justice in the context of accelerating the realization of justice, using a comparative study of criminal cases in the Bantul Regional Police; in this study used normative research methods. The application of the Chief of Police's Circular on Restorative Justice in the case of the crime of theft which is an example/case study in the Bantul Police Region in fact cannot be carried out in general (generalization), this is seen from the factor, namely the losses suffered by the victims. Comparison of cases in BP/…/VIII/2020/RESKRIM and BP/…/III/2020/RESKRIM, both efforts were made to resolve restorative justice but some were completed and some were continued, because essentially a case (case) is not necessarily the same exactly. There is also a disparity in the application of restorative justice based on S.E. National Police Chief with Supreme Court Regulation 2 of 2012.

Penegakan Hukum Terhadap Tindak Pidana Pencurian Sepeda Motor di Semarang (Studi di Pengadilan Negeri Semarang)

Whether by physical force or the threat of such force, stealing is always an act of coercion that involves the taking of another person's property or rights. There are factual and subjective components to theft. As a result, the author dubs his/her work "Semarang's Law Enforcement Against Criminal Acts of Theft." Recent theft incidents have raised community concern, especially since thieves' techniques have evolved. The investigation's overarching goal is to learn how the court in Decision No. 384/Pid.B/2022/PN.smg. ruled on the defendant's theft charge, taking into account the factors listed in Law No. 8 of 1981 Article 363 paragraph (1) 5th of the Criminal Code. Using a legally binding standard as the guiding principle. Specifications for descriptive analyses, and alternative data sources Decision 384/Pid.B/2022/PN.smg from the District Court of Semarang City. Article 363 paragraph (1) 5th of the Criminal Code of Law Number 8 of 1981 governs the collection of data for a literature study in the form of systematic narrative texts and direct interviews with the Legal Department of the Semarang District Court Office concerning Law Enforcement for the crime of motorbike theft.

ANALYSIS OF THE CRIMINAL SYSTEM OF THE PRACTICE OF PERSECUTION IN THE CRIMINAL OF THEFT IN THE JURISDICTION OF THE ASMAT RESORT POLICE

This study aims to determine the punishment system for perpetrators of persecution of perpetrators of criminal acts of theft in the Legal Area of the Asmat Resort Police and to determine the obstacles to law enforcement against perpetrators of practicing persecution of perpetrators of criminal acts of theft in the Legal Area of the Asmat Resort Police. The author analyzes the data using the socio-juridical approach method, that is, in addition to studying law theoretically and normatively in the form of analyzing various laws and regulations, books and articles that have a correlation and are relevant to the problems studied, will also examine the law in its implementation using techniques data collection through interviews and documentation. The criminal system and punishment that can be applied to perpetrators of persecution of perpetrators of criminal acts of theft is only limited to perpetrators of persecution who actually act as movers and provocateurs who influence the practice of persecution for members of the public at the place where the perpetrators of theft were caught, by imposing Article 170 Paragraph (3) and Article 351 of the Criminal Code, if the persecution is carried out until the perpetrator of the theft dies, while other residents who carry out the persecution are not harmed. The obstacles to law enforcement for the perpetrators of the persecution of the perpetrators of the crime of theft include the lack of Investigation Unit personnel and members of the Asmat Police, the absence of operational car facilities that can carry the perpetrators of persecution because there are no cars that can operate in the Asmat Regency area, the lack of members' legal knowledge, and the absence of a district attorney's office or a district court in Asmat District, which made it difficult for the perpetrators of persecution to be detained.

Implementasi Undang-Undang Perkebunan dalam Penanganan Pencurian Hasil Kebun Kelapa Sawit di Wilayah Hukum Polres Langkat

The purpose of this study is to analyze the legal rules regarding theft in Indonesia, the implementation of the Plantation Law in handling the theft of oil palm plantations and the obstacles in the Langkat Police Legal Area. The research method used by the author is normative juridical by finding and collecting data through library research from reading sources in the form of legal books, legal expert opinions, laws and regulations, websites, and interview results. The results of the study show that the legal rules regarding palm oil theft in Indonesia are regulated in Article 107 Letter d of Law No.39 of 2014 concerning Plantations. In its application, any person who illegally harvests and/or collects plantation products shall be sentenced to a maximum imprisonment of 4 (four) years and a maximum fine of Rp. 4,000,000,000, - (four billion rupiah) and this is if the victim is a company that has a land area of more than 25 ha and already has a plantation permit from the government, but for cases where the victim is an individual, the article is not subject to the regulation of the Supreme Court, and countermeasures with preventive efforts where the handling focuses on prevention or control before the occurrence of the crime of theft. Repressive efforts are more in the nature of prosecution or eradication after the criminal act of theft of Oil Palm Fresh Fruit Bunches.

Legal Analysis and Imputation Path Research on Behavior of Infringing Game Virtual Property

With the rapid development of game industry brought by the change of Internet technology, there are more and more violations on game virtual property. Although there has been a consensus on the attributes of game virtual property, how to criminalize related behaviors still lacks relative basic theory and has certain difficulties. The transfer of possession in the crime of theft and the cognitive error in the crime of fraud has different performances in the specific crime of infringing game virtual property. Therefore, it is necessary to analyze the nature of behaviors from the perspective of dogmatics. On the basis of theoretical analysis, it helps to clear the imputation paths of theft, fraud and the crime of illegally obtaining computer information systems from different behavioral perspectives, and determines the amount of crime and the level of sentencing.

Familiar Strangers and Crime at Transit Stations: Is Crime Lower at Train Stations Where Familiar Strangers are Present?

Familiar strangers—individuals related through regular and repeated visual encounter occurring without verbal interaction—may reduce the risk of crime at places by increasing guardianship and internal motivation for norm compliance. This study examines the association between familiar stranger presence and incidents of theft and disorder at train stations using transit smart card and crime data for 22 stations across a six-month period. Familiar strangers are operationally defined as individual transit cards that are co-present within a 30-min temporal window on more than two occasions across a one-month period at a given train station. We apply logistic regression to estimate the likelihood of disorder and theft crimes within a 400-m radius of train stations controlling for station environmental features, co-located facilities and neighbourhood socio-demographic characteristics. Our results show that the impact of familiar strangers on crime (disorder and theft) at train stations is moderated by the neighbourhood socio-demographic context. This may suggest that macro-level norms of informal social control are important for determining crime at micro-places such as transit stations. The findings also indicate that urban design and transport policies require greater flexibility to enable intra-network variability in station design and formal security to enhance ridership.

KAJIAN BENTUK DAKWAAN KOMBINASI DALAM PERKARA PENCURIAN DENGAN KEKERASAN (STUDI PUTUSAN NOMOR 591/PID.B/2021/PN SMG)

<p>Abstract:</p><p>This study aims to find out about the use of alternative subsidiary forms of indictment by the Public Prosecutor and the Judge's considerations in assessing and deciding cases that dropped Article 365 paragraph (3) of the Criminal Code in conjunction with Article 55 paragraph (1) 1st of the Criminal Code to the Defendants. The research method used in this research is normative legal research which is prescriptive and applied. The approach used by the author is a case approach. The types and sources of legal materials used are primary and secondary legal materials using literature/document studies, analysis techniques of legal materials using the syllogism method and interpretation using deductive logical reasoning methods. Based on the results of the research, it shows that in Decision Number 591/Pid.B/2021/PN Smg the use of alternative subsidiary combination indictments by the Public Prosecutor is by the provisions of Article 143 paragraph (2) of the Criminal Procedure Code and the fulfilment of the elements in Article 365 paragraph (3) of the Criminal Code jo Article 55 paragraph (1) 1st of the Criminal Code charged with violating the crime of theft with violence which resulted in the death of the victim.</p><p>Keywords: Theft with violence, Indictment, Consideration of the Judge, Proof</p>

TINDAK PIDANA PENCURIAN DENGAN KEKERASAN (STUDI PUTUSAN NOMOR 92/PID/2021/PT.JAP)

The defendant, Otis Faskar Charkes Arera alias Otis, first committed violence by threatening the victim with a knife strapped around the victim's neck and in front of the victim's child. This threat was made in order to take the victim's property, which belonged to another person. Decision Study No. 92/PID/2021/PT Research Jap. The researcher poses the question: In light of Article 365, paragraphs 2 and 3, of the Criminal Code, are the actions of those who commit the crime of stealing with violence legitimate or not? This study employs a descriptive analytic normative research design and relies solely on secondary data, including main legal materials and secondary legal materials obtained from literature studies and analyzed qualitatively and then uses deductive logic in drawing conclusions. The conclusion of this study, namely that the actions of the perpetrators of the crime of theft with violence are inappropriate based on Article 365 paragraph (2) 1st and 3rd. Suggestions from this study, namely that investigators should in determining the article used as the basis must look at the facts based on Article 365 paragraph 1 in conjunction with paragraph 2 1st and 3rd of the Criminal Code.

ANALISIS PENJATUHAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PENCURIAN DENGAN KEKERASAN (STUDI PUTUSAN NOMOR : 329/PID.B/2021/PN.TJK)

The crime of theft with violence is different from ordinary theft, criminal acts of theft with violence such as vandalism, beatings, beatings and others, the threat of punishment is heavier than ordinary theft. The problem in this research is what are the factors that cause the crime of theft with violence? Criminal liability of perpetrators of theft with violence in Decision Number: 329/Pid.B/2021/PN.Tjk? Judge's consideration in the decision of the criminal act of theft with violence in the decision Number: 329/Pid.B/2021/PN.Tjk?. Research method The method used in the preparation of this journal is a normative legal approach and an empirical approach. Based on research on the causative factors are economic factors, malicious intent, the environment, the negligence of the victim. the accountability of the perpetrators is very little and does not provide a deterrent effect to the perpetrators of crimes, so that cases like this can arise again. The judge's consideration by considering the aggravating and mitigating actors in the judicial process. Keywords: Criminal Sanctions; Theft; Violent

Overcoming the crime of motor vehicle theft in the legal area of minas police Siak district

Countermeasures are efforts made to prevent, dealing with, or overcoming a situation includes preventive activities and at the same time seeks to improve the behavior of someone who has been found guilty (as an inmate) in a correctional institution, in other words efforts to tackle theft can be carried out preventively and regressively. Preventive control has the goal of taking steps to prevent violations of norms, while repressive control has the goal of taking action against violations of norms, so as to create a deterrent effect for the perpetrators. Countermeasures are a prevention that is useful to minimize the events or actions that have occurred so that these events or actions do not occur again. The author chooses this type of observational research by means of direct survey writer to obtain primary data and secondary data. In collecting data, the authors interviewed several respondents, namely: Head of Criminal Investigation Unit, Members of the Police, and Actors. The results of the research that the authors get, there are several factors that cause perpetrators to commit crimes of motor vehicle theft, namely: internal factors (Education, individuals), external factors (economy, environment, global developments). The modus operandi for tackling the crime of motor vehicle theft is: pretending to borrow/rent a motorbike, using the T key, stalking, following and then blocking potential victims, making credit with fake identities, spreading nails on certain roads, looking for a place to live in an area.

PRZESTĘPSTWO KRADZIEŻY SZCZEGÓLNIE ZUCHWAŁEJ W KODEKSIE KARNYM Z 1997 R.

The article is devoted to the specialized type of crime of theft that is particularly audacious theft, typified in Art. 278a of the Penal Code. The Penal Code of 1997 in its original version did not provide for this type of theft. It was added by way of an amendment to this act in June 2020. The crime was newly introduced to the Penal Code, but not a new one in the Polish criminal law system. It also appeared in the Penal Code of 1969. The considerations will center around the rationalization of the return to this typification. The main part of the article will be devoted to the dogmatic analysis of the features of the crime of particularly audacious theft in the current legal environment. It will be used to assess the quality of this typification. In her deliberations, the author will also consider the historical perspective, comparing the current approach to particularly audacious theft with that adopted in Art. 208 of the Polish Penal Code of 1969, as well as the systemic perspective related theft becoming a wobbler.

PEMIDANAAN TERHADAP RESIDIVIS TINDAK PIDANA PENCURIAN DALAM KEADAAN MEMBERATKAN DI WILAYAH HUKUM PENGADILAN NEGERI TAPAKTUAN

The definition of recidivism in the Indonesian Criminal Code is regulated in Article 486 of the Criminal Code, namely regarding repeat crimes involving assets and fraud. In these articles what is meant by a recidivist is stated to be repeating a crime for his actions, there is a threat of a sentence that is aggravated or added to one third. However, in practice in the jurisdiction of the Tapaktuan District Court, judges do not impose criminal charges against recidivist criminal acts of theft in aggravating circumstances. This paper examines the Basic Considerations of Judges in Imposing Decisions on Recidivist Criminal Acts of Theft in Aggravating Circumstances and Factors Causing the Repeated Crime of Theft in Aggravating Circumstances. Based on the discussion above, it can be concluded that in the judge's decision it was not aggravating because the perpetrator regretted his actions and promised not to repeat it again, the perpetrator was also polite in court and the perpetrator was honest in giving information. The factors causing the repetition of criminal acts of theft in aggravating circumstances are educational, economic, and religious factors.

WATER AND AIR POLICE CORPS (POLAIRUD) AUTHORITY IN PREVENTING THEFT ON LEGO ANCHORS SHIPS IN THE TANJUNG PRIOK PORT AREA

The aim of the research is to analyze the authority of Water and Air Police Corps (Korpolairud) in preventing the crime of theft on ships with Lego anchors in the Tanjung Priok port area as well as analyzing the legal protection of ships anchored in the Tanjung Priok port area. The type of research used is normative juridical. The approaches used in legal research are the statute approach, the case approach and the comparative approach. The results of the analysis show that Polairud's Authority in preventing criminal acts of theft, Article 1 paragraph (1) of the 1945 Constitution of the Republic of Indonesia is a state based on law. The rule of law is a constitutional construction. As such, all actions of law enforcement officials including the police in carrying out investigations must be based on the law and obey the law. Legal protection for Lego Anchor Ships in the Tanjung Priok Port Area, it can be understood that police institutions, especially the Sub-Directorate of Gakkum Ditpolair Korpolairud Baharkam Polri as an organization carry out administrative and management functions in carrying out their functions or duties as investigators of criminal acts of theft onboard Lego Anchors in the Region Tanjung Priok Port which has been determined by laws and regulations.

Spatiotemporal evolution of urban theft crimes and mechanism in the context of regular COVID-19 pandemic prevention and control: A case study of Haining, Zhejiang

Spatiotemporal evolution of urban theft crimes and mechanism in the context of regular COVID-19 pandemic prevention and control: A case study of Haining, Zhejiang

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.

Application of Restorative Justice in the Crime of Theft

Restorative justice is the settlement of minor criminal cases carried out by investigators at the investigative stage or judges from the start of the trial by involving the perpetrator, victim, perpetrator/victim's family, and related community leaders to jointly seek a fair solution by emphasizing restoration to its original state. The application of the concept of restorative justice shows that it is more effectively used against crimes committed by children, minor theft crimes, and other minor crimes. Besides that, the use of this concept is also specifically intended as a suggestion to reduce the prison population, which is increasingly showing the excess capacity of detention houses or prisons.