Tinjauan Yuridis Pembuktian Pasal 363 Ayat 1 Ke- 4 Dan Ke-5 KUHP Tentang Pencurian Dengan Pemberatan Dalam Perkara No : 287/PID.B/2021/PN. PBR

Rizki, Muhammad (2022) Tinjauan Yuridis Pembuktian Pasal 363 Ayat 1 Ke- 4 Dan Ke-5 KUHP Tentang Pencurian Dengan Pemberatan Dalam Perkara No : 287/PID.B/2021/PN. PBR. Other thesis, Universitas Islam Riau.

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Abstract

The law regulates society properly and usefully by placing what is required or allowed and vice versa. The law can qualify an act in accordance with the law or disqualify it as being against the law. The crime of theft with weighting includes special theft, meaning a theft in a certain way and under certain circumstances, so that it is more severe and is threatened with a higher maximum sanction. There are several formulations of the problems contained in this thesis, namely How is the Juridical Review of Proof of Article 363 Paragraph 1 4th and 5th of the Criminal Code concerning Theft with Weighting in Case No: 287/Pid.B/2021/PN. PBR ? and What are the Legal Considerations of the Panel of Judges in Deciding Case Number: 287/Pid.B/2021/PN.PBR. The legal research method that the author uses in this research is the normative juridical legal research method, also known as doctrinal legal research. In normative research, secondary data as sources/materials of information can be primary legal materials, secondary legal materials and tertiary legal materials. Based on article 363 of the Criminal Code (Book of the Criminal Code), people who commit theft by weight (Curat) are threatened with a maximum imprisonment of 7 years. with aggravating things, namely done under certain conditions or in a certain way. The crime of theft is regulated and divided into several types in the Criminal Code. The legal arrangement that regulates the crime of theft of weight is only contained in the Criminal Code, because Indonesia only has one code of law concerning criminal law that has been codified.

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