KAJIAN YURIDIS TERHADAP KASUS PENCURIAN DENGAN PEMBERATAN PADA PUTUSAN NO.: 164/Pid.B/2015/PN Skt.

Abstract

The purpose of this study is to analyze the judges 'consideration and the
content of judges' ruling on the case of criminal theft with a weighting in the
decision. 164 / pid.b / 2015 / PN SKT. It also examines the implementation of
formal law and material law in the case of criminal theft with such deduction.
The background of the research that the problem of theft with the
weighting is still common in the community. This decision is interesting to
examine because there are several elements of weighting in the case of theft.
The research method consists of: research approach is done by approach
of law and approach of case. The legal substance consists of the primary legal
materials in the form of laws and other relevant regulations. The secondary law
material consists of a judge's verdict. The method of analysis is done by
qualitative juridical.
The conclusion of the research that judge's consideration in the case of
theft with a weighting in Decision No. : 164 / Pid.B / 2015 / PN Skt. contains
considerations of indictments, facts, legal considerations. The factual
consideration concerns the testimony of witnesses, the prosecution witness and
the lightening witnesses, the consideration of the defendant's statement, the
consideration of the evidence. Legal consideration is the assessment of elements
of crime in the indictment. The flow of decision making is in accordance with the
provisions of criminal procedure law. In addition, the assessment of the provisions
of the criminal act of theft with the weighting is in accordance with the usual
interpretation used in criminal law.
Keywords: Judicial Review, Theft with a weighting