Vol.4, No.06, Juni 2023

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Jurnal Indonesia Sosial Sains, Vol. 4, No. 06, Juni 2023 573

Application of Law and Criminal Accountability

Against Violent Theft Offenders

Erfan Putra Pratama

, Tri Susilowati

Universitas Darul Ulum Islamic Centre Sudirman GUPPI, Indonesia

Email: erfanbabel36@gmail.com

, [email protected]

Corresponding Author: [email protected]

ARTICLE INFO

ABSTRACT

Keywords: Role;

Accountability; Perpetrator;

Criminal; Violent theft.

The components of the wrongdoing of burglary with brutality are

referenced in Article 365 of the Lawbreaker Code which should be

met, for example in paragraph (1) "followed by violence to facilitate

theft", paragraph (2) 1st "the theft was carried out at night",

paragraph (2) 2nd "the theft is committed by two or more people

together", paragraph (2) 3rd "by breaking or climbing, using fake

keys, fake orders, or fake positions", paragraph ( 2) 4th "theft which

caused another person to be seriously injured", paragraph (3)

"caused death", paragraph (4) "caused another person to be

seriously injured or died which was committed by two or more

people together". Application of Law and Criminal Accountability

Against Violent Theft Offenders in the Central Java Region. As made

sense of in the clarification of the Lawbreaker Code (KUHPidana) in

regards to the wrongdoing of robbery, it is recognized by different

capabilities, incorporating as specified in Article 365 of the Crook

Code, in particular burglary forcibly. Burglary with viciousness is a

wrongdoing against property. The savagery committed in the

robbery has the motivation behind getting ready or working with

burglary or on the other hand assuming got there is a chance for the

culprit to escape so the taken thing stays in the possession of the

culprit. In law and criminal responsibility to perpetrators of theft

with violence in the Central Java region. When analyzed by the

formulation of offenses contained in the Criminal Code, the above

crimes are included in Article 365 of the Criminal Code. It is because

there is no definite understanding in the Criminal Code or other laws

regarding what robbery, theft and mugging are, but these three

forms of crime fulfill the formulation in Article 365 of the Criminal

Code, namely theft by force.

Attribution-ShareAlike 4.0 International (CC BY-SA 4.0)

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1. Introduction

Law is inseparable from social life, all individual behavior is regulated by law,

both the law that applies in an area or customary law and the law that applies

throughout Indonesia (Ulya, 2021). This means that the law is inseparable from the

mutual influence of all aspects of society. The implementation of law enforcement in

Indonesia must view the law as a system. According to Lawrence M. Friedman, the

legal system consists of three components, namely structure, substance, and legal

culture (Gardner, 2012), these three components have reciprocity so that they must

be linked together to achieve optimal legal objectives.

The capability of regulation for the purpose of social control can't be

completely depended upon on the capacity of formal legitimate regulation.

Beginning from this issue, Satjipto Rahardjo questions the lawful qualities to control

the existence of Indonesian culture today which is substantially more confounded

than previously (Sharp et al., 2017). The problem of law violations was exacerbated

by the factor of the occurrence of the monetary crisis, which had a major impact on

society resulting in a moral crisis in society, difficulty in finding employment

opportunities, Termination of Employment Relations (PHK) everywhere, and many

unemployed people (Lacey, 2016).

From there it can be seen from the increasing crime and soaring

unemployment which affect people's welfare. The low level of social welfare tends

to ignore the norms, values, or rules of law that apply. Observing this condition to

complement human needs there is a tendency to use all means to fulfill them, either

by violating legal norms or by not violating legal norms (Maguire, 2016).

One of the qualities of wrongdoing or wrongdoing that frequently happens in

the public arena is robbery. The trouble of the economy permits individuals to track

down alternate ways by taking. Inclusion in the broad communications, both print

and electronic, shows vacillations in different kinds of robbery violations because of

the unfulfilled necessities of life. The culprits of burglary (cheats) can complete their

activities in different ways or usual methodology (method for doing wrongdoings)

that vary starting with one wrongdoing then onto the next, particularly upheld by

the accessibility of offices and foundation to carry out violations today, the modus

operandi of criminals leads to the advancement of science and technology. One of

them is theft by force.

The components of the wrongdoing of robbery with viciousness are

referenced in Article 365 of the Lawbreaker Code which should be met, for example

in paragraph (1) "followed by violence to facilitate theft", paragraph (2) 1st "the

theft was carried out at night", paragraph (2) 2nd "the theft is committed by two or

more people together", paragraph (2) 3rd "by breaking or climbing, using fake keys,

fake orders, or fake positions", paragraph ( 2) 4th "theft which caused another

person to be seriously injured", paragraph (3) "caused death", paragraph (4)

"caused another person to be seriously injured or died which was committed by two

or more people together".

To realize a just and prosperous society, the problem of crime needs to receive

serious attention from all parties. So good cooperation is needed between the

government and the community so that the crime that cannot be eliminated can be

reduced in intensity as much as possible. Law is a social institution, which functions

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as a tool to regulate society, in the Big Indonesian Dictionary it is defined as

"regulations or customs that are officially considered binding and confirmed by the

authorities or by the government.

Conduct that isn't by the standards or can be alluded to as a deviation from the

concurred standards ends up disrupting the request and tranquility of human

existence. Such deviations are generally named by society as an infringement or

even a wrongdoing. Wrongdoing in individuals' lives is a social peculiarity that will

constantly be looked by each person, society, and, surprisingly, the state (Batuwael,

2020).

The sort of wrongdoing burglary with viciousness is quite possibly of the most

successive wrongdoing in the public eye. The wrongdoing of burglary is contained

in the second book of the Crook Code (KUHP) and has been grouped into a few sorts

of robbery violations. The wrongdoing of robbery is one of the violations that is

frequently carried out by culprits with different foundations and inspirations that

are the reason. The crime of theft is usually influenced by economic background,

conditions of poverty and unemployment can relatively trigger stimuli to commit a

crime or crime. As well as other driving factors such as low levels of economic, social,

spiritual, and physical well-being. In the Crook Code, the wrongdoing of robbery is

recognized by different capabilities incorporating as specified in Article 365 of the

Lawbreaker Code, in particular burglary forcibly. Robbery with viciousness is a

wrongdoing against property. Viciousness committed in the burglary has the point

of planning or working with robbery or on the other hand assuming got there is a

chance for the culprit to escape so the taken thing stays in the possession of the

culprit. Prevention of crime by using criminal law is the oldest way, as old as human

civilization itself (Kadri Husin & Budi Rizki Husin, 2022).

As indicated by Mardjono Reksodiputro, the ideal extent of obligations of the

law enforcement framework incorporates: (1) keeping individuals from becoming

casualties of wrongdoing; (2) addressing the violations that have happened so the

local area is fulfilled that equity has been maintained and the liable have been

rebuffed; and (3) attempting so the people who have perpetrated violations don't

rehash their activities. The state has taken over the right to prevent and resolve

conflicts involving public interests that occur among citizens, especially in criminal

law (Yulia, 2017).

In view of the portrayal above, robbery with savagery is directed in Article 365

of the Crook Code. For a wrongdoing to be named a wrongdoing of robbery with

brutality, it probably satisfied the components set out in Article 365 of the

Lawbreaker Code. The job of Ditreskrimum is monstrous in executing and

authorizing the law against the culprits of the wrongdoing of burglary with brutality.

The problem in this paper is how is the application of law and criminal

responsibility to perpetrators of criminal theft with violence?

2. Materials and Methods

The strategy utilized recorded as a hard copy this applied paper is a scientific

graphic technique, to be specific by utilizing information that obviously depicts the

issues straightforwardly in the field, then the examination is completed, and

afterward closed to take care of an issue. The information is gathered through

perception and writing study to get critical thinking in the paper readiness.

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Regulating juridical methodology, in particular the strategy for juridical methodology

used to look at issues from a legitimate and legal point of view, namely rules that can be

used as a basis for studying problems and their legal consequences, in this case, namely the

Criminal Code (Qamar et al., 2017).

The normative juridical approach, is carried out against certain laws and regulations

or written law, relating to the Application of Law and Criminal Liability Against Violent Theft

Offenders. This study describes the condition of the object under study, namely focusing on

regulation and the application of law and criminal responsibility to perpetrators of criminal

theft with violence in practice (Hidayati et al., 2022).

3. Results and Discussions

1. The Role of the Semarang Police in Overcoming Narcotics Crime.

The clarification of the Lawbreaker Code (KUHPidana) in regards to the

wrongdoing of robbery is separated by different capabilities, incorporating as

specified in article 365 of the Crook Code, specifically burglary forcibly. Robbery

with brutality is a wrongdoing against property. The savagery committed in the

burglary purposed of planning or working with robbery or on the other hand

assuming got there is a chance for the culprit to escape so the taken thing stays in

the possession of the culprit.

In the police department, criminal acts of theft with violence are called curas

in the policy language. Based on interviews with investigators from the Semarang

Police, he explained, “The forms of crimes related to curas are robbery, robbery,

and mugging. Of the three types of theft, this occurs because of violence against

the victim. The crime of theft with violence that occurs is due to the increasing

density of the immigrant population, which triggers the vulnerability to theft,

besides that other causes make the crime of theft occur, supported by the lack of

field jobs that cause unemployment to rise.

When analyzed by the formulation of offenses contained in the Criminal

Code, the three categories of crimes above are included in Article 365 of the

Criminal Code. It is because there is no definite understanding in the Criminal

Code or other laws about what robbery, robbery, and mugging are, but these three

forms of crime fulfill the formulation in Article 365 of the Criminal Code, namely

theft by force.

Cases

2021

2022

Report

Finish

Report

Finish

Theft

With

Weighting

2.666

1.170

43,9

2.272

1.410

62,1%

Motor

Vehicle

Theft

1.381

334

24,2

1.400

582

41,6%

Violent

Theft

293

177

60,4

269

218

81,0%

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According to the data, theft with violence has decreased compared to last

year in 2021. It can be seen from reports with 293 reports and 177 completed with

a percentage of 60.4%, and in 2022 there were 269 reports of criminal acts of theft

with violence and 218 completed with a percentage of 81 .0 %. Data on criminal

theft has seen a decline from last year to 2022, due to the swiftness of police

officers in handling criminal acts of theft with violence. Although it cannot be

denied, that besides repressive measures, there are other actions such as pre-

emptive and preventive.

Countermeasures against the wrongdoing of robbery with savagery can't

depend on punitive means in light of the fact that the criminal regulation in its

activity has shortcomings/impediments. Shortcomings/impediments in the

capacity of criminal regulation in wrongdoing avoidance have been

communicated by numerous researchers, including: (Barda Nawawi Arief, 2018)

1. Enforcement of criminal regulation inside the structure of the law

enforcement framework can't be anticipated to be the main method for

powerful wrongdoing counteraction, remembering that there is a high

likelihood that there are culprits of criminal demonstrations who are outside

the structure of the law enforcement process.

2. The adequacy of criminal regulation can't be estimated precisely. Regulation

is just a single method for social control. Propensities, strict convictions,

bunch backing, and dissatisfaction, tension from vested parties, and the

impact of popular assessment are more proficient method for directing

human way of behaving than lawful authorizations.

3. In results of regulation (gesetz) at times there is Gezetzliches Unrecht, to be

specific shamefulness in the law, while not a couple are found

iibergesetzliches recht (equity outside the law) in individuals' lives.

4. “…law plays only one regulation and influences human behavior. Moral and

social rules, though less explicit and less formal in their nature and content,

also play a significant role in society's efforts to control behavior.”(Qamar et

al., 2017).

Examples of violent theft cases in this study are based on Police Report

Number: LP/B/10/X/2017/Res.Sragen/Sek Kedawung, dated 26 October 2017.

And Investigation Order Number: Sp.Sidik/300/XI /2017/Reskrimum, November

28 2017. The suspect in violent theft with the initials NI alias IAN Bin (Alm) HH.

Juridically, the articles that have been violated by the suspect include:

1. Elements of Article 365 paragraph (1) of the Criminal Code: whoever takes

merchandise, which are completely or halfway claimed by someone else, with

the purpose to unlawfully have, which is gone before, joined or followed by

brutality or dangers of viciousness, against an individual with the plan to

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getting ready or working with burglary, or in case of being trapped in the

demonstration, to empower the departure of oneself or another member, or

to hold ownership of the taken property. So that the intended element is

fulfilled, namely taking Something Whole Or Part Of The Owners Of Others,

With The Intend To Be Owned Against The Law.

2. which is gone before, went with, or followed by viciousness or dangers of

savagery against individuals, to plan or work with burglary or in case of being

found in the act, to permit themselves or different members to get away, or to

hold control of the taken products.

3. shall be rebuffed by a most extreme detainment of twelve years in the event

that the demonstration is committed by two people together or by additional

accomplices.

4. By a most extreme detainment of twelve years will be rebuffed in the event

that the guilty party enters the spot of expressed wrongdoing by tearing open

or climbing, or by utilizing a bogus key, a misleading request, or a bogus

authority dress.

Based on the facts and discussion above, then against 1). suspect NI Als IN

Bin (Alm) HH (arrested), 2) suspect AW als AGUS bin (late) MI (arrested), 3)

suspect JP Als JK Bin SN (arrested). 4) suspect YR Als YF bin (late) KN (arrested),

5) suspect NI als HB bin WN (arrested), 6) suspect KL Als TL (arrested dead).

demonstrated to have perpetrated the wrongdoing of burglary with brutality, as

alluded to in Article 365 passage (1) and section (2) 2e, 3e of the Lawbreaker Code.

The reasons for vicious wrongdoing (robbery) comprise of inner and outside

factors. Inner variables are motivations that happen from himself, while outer

elements are factors that are made from outside himself, these elements can be

supposed to be very complicated and shifted. Social imbalance, monetary

disparity, shamefulness, and so forth, are instances of reasons for criminal

demonstrations that come from outside themselves.

a. Educational Factors.

The instructive component is one of the persuading factors for an individual

to perpetrate a wrongdoing of robbery. This is brought about by their absence of

information about things like principles in the lifestyle in the public eye. The

degree of training is thought of as one of the elements that impact somebody to do

evil (taking), schooling is a method for somebody to realize what is great and what

is terrible. What's more, by doing an activity, does the activity have a specific

advantage or even make specific issues/hindrances?

b. Individual Factors.

Somebody whose conduct is kindness bring about that individual getting

regard from society, yet alternately, in the event that somebody acts gravely, that

individual will cause tumult in the public arena. The individuals who have some

control over and foster a positive character will actually want to create many great

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advantages for themselves as well concerning others. While the individuals who

have no control over their character and will quite often be influenced by

advancements will keep on being hauled by the current where it will stream.

Whether it's positive or negative they will in any case follow it. There are likewise

foundations for somebody to carry out a wrongdoing, as referenced above human

longing is something that never has a cutoff.

c. Economic Factors.

Neediness is a peculiarity that can't be kept in that frame of mind from

getting Indonesia, particularly in the Focal Java district. As of not long ago, there

has been no chance to get out to tackle this issue. Monetary issues are the main

motivation for culprits of criminal demonstrations of robbery with brutality to

complete their activities.

d. Environmental factor.

Notwithstanding monetary elements, ecological variables are one of the

elements that impact the event of demonstrations of robbery. Somebody who day

to day routines/lives in a climate that upholds burglary, then one day will likewise

commit the robbery. Numerous things make the climate a consider the event of a

wrongdoing (burglary). For instance, the requirement for relationship with peers,

less command over the climate, and relationship with somebody who has some

work as a criminal.

4. Conclusion

The clarification of the Crook Code (KUHPidana) in regards to the wrongdoing

of robbery is separated by different capabilities, incorporating as specified in article

365 of the Lawbreaker Code, specifically burglary forcibly. Robbery with savagery

is a wrongdoing against property. The savagery committed in the robbery has the

point of planning or working with burglary or on the other hand assuming got there

is a chance for the culprit to escape so the taken thing stays in the possession of the

culprit.

When analyzed by the formulation of offenses contained in the Criminal Code,

the above crimes are included in Article 365 of the Criminal Code. This is because

there is no definite understanding in the Criminal Code or other laws regarding what

robbery, robbery and mugging are, but these three forms of crime fulfill the

formulation in article 365 of the Criminal Code, namely theft by force. Based on the

facts, then against 1). suspect NI Als IN Bin (Alm) HH (arrested), 2) suspect AW als

AG bin (late) MI (arrested), 3) suspect JP Als Jk Bin SN (arrested). 4) suspect YRAs

YF bin (late) KN (arrested), 5) suspect NI als HB bin WN (arrested dead), 6) suspect

KL Als TL (arrested dead) proven to have committed the crime of theft with violence,

as referred to in Article 365 paragraph (1) and paragraph (2) 2e, 3e of the Criminal

Code, and has fulfilled the elements of a crime.

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