ABSTRACT
Juridical Analysis of Decision Number 153 / Pid.B / 2016 / PN.JBG Associated With Theft Case With Losses Below Rp.2,500,000 (Two Million Five Hundred Rupiah)
Name :
Setyo Medy Handoyo
Student Number : 15040704001
Study Program : Legal Sciences
Department :
Law
Fakulty :
Faculty of Social and Legal Sciences
Name of Institute : Universitas
Negeri Surabaya
Counselor : Dr.Pudji Astuti,
S.H., M.H.
Many cases of theft with a value of the object of theft is less than Rp.
2,500,000, but are processed according to Article 362 of the Criminal Code by
applying an inspection of ordinary events. This is considered unfair because
the penalties received are disproportionate to the losses incurred. Whereas
according to the provisions of PERMA number 02 of 2012 concerning the
Adjustment of Limits of Minor Crimes and the Amount of Fines in the Criminal
Code, theft with a loss of less than Rp. 2,500,000 is processed by a quick
event check. This happens in cases of theft in Decision Number 153 / PID.B /
2016 / PN / JBG which should be included in the category of petty theft after
the issuance of Perma number 02 of 2012 which changes the limits on the value
of money or goods in Article 364 of the Criminal Code concerning minor theft
originally limited to a minimum of Rp. 250 (two hundred and fifty rupiah) to
Rp. 2,500,000 (two million and five hundred thousand rupiah).
The problem raised in this study is whether the decision Number 153 / Pid.B / 2016 / PN.JBG is in accordance with the examination process in PERMA Number 2 of 2012 and how the juridical consequences of the decision Number 153 / PID.B / 2016 / PN. JBG who did not pay attention to the provisions of PERMA Number 2 of 2012 concerning Adjustment of Limits of Minor Crimes and Fines in the Criminal Code. The purpose of this study is to find out whether Decision Number 153 / Pid.B / 2016 / PN.JBG is in accordance with the examination process in PERMA Number 2 of 2012 and also to find out how the juridical consequences of the decision Number 153 / PID.B / 2016 /PN.JBG who do not pay attention to the provisions of PERMA Number 2 of 2012 concerning Adjustment of Limits of Minor Crimes and the Amount of Fines in the Criminal Code. This type of research used in this study is the type of normative or doctrinal research because this study analyzes court decisions that are not in accordance with regulations. The approach used is the statutory, historical and case approach. The types of legal materials used are primary, secondary and other legal materials. This research uses prescriptive analysis techniques. The results of the discussion in this study indicate that the Decision Number 153 / Pid.B / 2016 / PN.JBG is not in accordance with the provisions of the Supreme Court Regulation No. 2/2012 concerning the Adjustment of Limits on Minor Crimes and the Amount of Fines in the Criminal Code. Because from the beginning the police in this case were investigators, public prosecutors and court chiefs to process the case as is the case for an ordinary examination because law enforcement officials did not consider the relevant regulatory elements and the element of loss value in connection with the case in Decision Number: 153 / PID.B / 2016 / PN / JBG. Then the status of Decision Number: 153 / PID.B / 2016 / PN / JBG is still powerful and valid although it does not pay attention to the provisions of PERMA Number 02 of 2012 concerning Adjustment of Limits of Minor Crimes and Amount of Fines in the Criminal Code This is based on Article 234 of the Criminal Procedure Code which reads if the period of time referred to in Article 233 paragraph 2 has passed without a request for appeal being filed by the person concerned, the person concerned shall be deemed to have accepted the decision. Because in principle, a case that has been decided by a judge must still be considered true, based on the principle of legal res judicata pro veritatehabeteur which means that the judge's decision must be considered true. Unless the parties who filed the case filed a legal effort to correct the decision.
Keywords : Decision Number: 153 / PID.B / 2016 / PN / JBG, loss, light theft, fast show, legal remedy.