Pramedia, Rido Santo (2023) Pembuktian Tindak Pidana Pencurian Dalam Keadaan Memberatkan Dalam Perkara No.668/pid-b/2022/pn Pbr. Other thesis, Universitas Islam Riau.

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Abstract

In the science of criminal law regarding theft, it has been regulated in several ways articles including Article 362 of the Criminal Code. Article 362 of the Criminal Code reads: Goods who takes the same item with the intention of owning that item by violating rights, is punished for theft with a maximum imprisonment of five years or a maximum fine of Rp.900. But in the Book The Criminal Code also exists regarding aggravating and theft also theft by force. Based on the wording of Article 362 of the Criminal Code we can see the elements as follows: 1. Taking goods 2. What is taken must be something 3. The item must be wholly or partly owned by someone others 4. The taking must be done with the intention to own the object against the law (against the right). The main problem in this research is how to prove action Crime of Theft in Aggravating Conditions in Case No. 668/PidB/2022/PN Pbr, and What are the legal considerations of the panel of judges in deciding Proving the Crime of Theft in Aggravating Conditions in a Case No. 668/Pid-B/2022/PN Pbr. When viewed from the type of research, the authors use research Noormative Law, namely direct research conducted on the Library and Constitution. The nature of this research is descriptive analysis, which aims describe and explain systematically a phenomenon that exists in public. This approach is an approach to learn, explain or interpreting a problem in context. The process of proving the crime of theft in aggravating circumstances case Number: 668/Pid-B/2022/PN Pbr, has followed the existing legal regulations, based on the Criminal Procedure Code, the Evidence in Article 184 paragraph (1) of the Criminal Procedure Code namely; Witness Statements, Expert Statements, Letters, Instructions and Defendant's Statement. Legal considerations of the panel of judges in deciding evidence of the crime of theft in aggravating circumstances in the case Number: 668/Pid-B/2022/PN.Pbr is in accordance with the existing legal facts, which are prove it in court, by presenting evidence and evidence which exists. .

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