Analysis Juridical Decision on Theft Number 1 10/ Pid.B /2025/PN Prp concerning the Crime of Aggravated Theft

Abstract

Objective :

This study aims to analyze the application of criminal law in cases of theft of small-value plantation products with a focus on the use of Article 363 paragraph (1) 4 of the Criminal Code (KUHP), as reflected in the Pasir Pengaraian District Court Decision Number 110/ Pid.B /2025/PN Prp , particularly from the perspective of proportionality and substantive justice.

Theoretical Framework :

This research is based on the theory of the crime of theft in the Criminal Code, the doctrine of inclusion ( medeplegen ), the theory of guilt and criminal responsibility, as well as the theory of the objectives of modern punishment which includes retributive , preventive and rehabilitative justice, as well as the principle of restorative justice .

Method :

This research uses a normative legal research method with a statutory approach, a case approach, and a conceptual approach. Primary legal materials consist of court decisions and laws and regulations, while secondary legal materials include legal literature, scientific journals, and the opinions of criminal law experts.

Results and Discussion :

formal elements of aggravated theft under Article 363 of the Criminal Code have been fulfilled, the punishment of eight months imprisonment for theft with a loss value of under one million rupiah raises issues of proportionality and social justice. The judge's considerations are still dominated by a legalistic and retributive approach , while the defendant's socio-economic conditions and the social impact of the punishment have not been optimally considered.

Research Implications :

This finding emphasizes the need to implement a more proportional and restorative justice-oriented sentencing policy in petty theft cases.

Originality / Value :

This research contributes by revealing the gap between formal legal certainty and substantive justice in the practice of criminalizing the crime of theft of plantation products.