Analisis Yuridis terhadap Penjatuhan Sanksi Pidana Pencurian dengan Pemberatan (Studi Putusan Nomor 43/Pid.B/2025/PN Mjy)

Abstract

This study is motivated by the high incidence of aggravated theft as regulated under Article 363 of the Indonesian Criminal Code (KUHP) and the need to examine the judge's considerations in imposing criminal sanctions, particularly in Decision Number 43/Pid.B/2025/PN.Mjy. The purpose of this study is to analyze the legal regulation of aggravated theft under Article 363 of the Criminal Code and to examine the judge's legal considerations in rendering the decision. This research employs a normative legal research method using statutory, case, and conceptual approaches. The findings indicate that the elements of aggravated theft as stipulated in Article 363 of the Criminal Code were fulfilled in the case under review. However, the sentence imposed by the judge was considered not to have fully reflected the sense of justice because it was not proportionate to the seriousness of the offense and the aggravating circumstances. Therefore, it can be concluded that although the application of Article 363 of the Criminal Code was legally appropriate, the judge's considerations in determining the sentence should place greater emphasis on the principles of justice, legal certainty, and legal expediency.