CRIMINAL STEALING OF VIOLENCE

CRIMINAL STEALING OF VIOLENCE

By

A.A Ngurah Yusa Darmadi

Criminal law is a type of public law that regulates the relationship between the State and individuals or the public interest. Acts that are prohibited and threatened with crime are called criminal acts or offenses. The term criminal law is usually referred to as a criminal offense which has many meanings and terms, the number of terms and meanings for criminal acts is caused by legal experts in interpreting the term strafbaarfeit differently. The criminal act or criminal event originates from the translation of the Dutch term strafbaarfeit or delict.

Simons said that the strafbaarfeit is a behavior that is threatened with crime, is against the law, and related to mistakes made by people who are capable of being responsible. Van Hamel said that the strafbaarfeit is the behavior of people formulated in the law, is against the law, deserves to be convicted, and done with wrongdoing. Schaffmeister said that criminal acts are human actions which fall within the scope of the offense formulation, are against the law, and can be denounced.

Definition of Criminal Theft

The first criminal act of theft is regulated in Chapter XXII of Book II of the Criminal Code namely Article 362 of the Criminal Code concerning ordinary theft, Article 363 of the Criminal Code concerning theft by weighting, Article 364 of the Criminal Code concerning minor theft, and Article 365 of the Criminal Code concerning theft by violence. Crime theft in the main form is regulated in Article 362 of the Criminal Code which reads: "Anyone who takes things, wholly or partly owned by another person, with the intention to be owned illegally, is threatened because of theft, with a maximum imprisonment of five years or criminal a maximum fine of nine hundred rupiah ".

Crime of theft in the main form as regulated in Article 362 of the Criminal Code mentioned above consists of subjective and objective elements. The subjective element is to intend to dominate the object unlawfully. Objective elements include: hij or whoever, wegnemen or take, eenig goed or something, and dat geheel of gedeeltelij aan een ander toebehoort or part or all of it belongs to another person. A person can be declared proven to have committed a criminal act of theft, then that person must be proven to have fulfilled all the elements of the criminal act of theft contained in Article 362 of the Criminal Code. Theft in the formulation of a criminal act of theft regulated in Article 363 of the Criminal Code concerning theft with weights that has the same elements, namely: a subjective element with the intention to control the law while the objective element is who, taking, an object and part or all of it belongs to other people.

The interpretation of the elements in Article 364 of the Criminal Code must be comprehensively understood so as not to get lost in the interpretation that minor criminal acts can only be seen from the nominal side of the stolen goods. Concerning petty theft which has elements of theft in its principal form as specified in Article 362 of the Criminal Code, theft committed by two or more people together, and theft carried out by means of unpacking, damaging, climbing, using fake or uniform keys false. The theft is qualified as petty theft if it is not carried out in a residence, it is not carried out on a closed yard on which there is a residence, and the price of the stolen item does not exceed the value of Rp. 250, -.

Violent theft is generally referred to Article 365 of the Criminal Code which reads:

(1) Threatened with a maximum imprisonment of nine years of theft is preceded, accompanied, or followed by violence, against people with a view to preparing or facilitating theft, or matters of being caught in the act, to allow escape by themselves or other participants, or to possess property stolen.

(2) Threatened with a maximum imprisonment of twelve years:

1. If the act is done at night in a house or in a closed yard that has a house, on public roads, or in a train or tram that is running;

2. If the act is carried out by two or more people in fellowship;

3. If the guilty person enters the scene of committing a crime by damaging or climbing, or by using a false key, fake order, or fake office clothing;

4. If the action results in serious injury.

(3) If the act results in death, then the guilty person is threatened with a maximum imprisonment of fifteen years.

(4) Threatened with capital punishment or life imprisonment or imprisonment for a certain period of time, a maximum of twenty years, if the act results in serious injury or death and is carried out by two or more people in fellowship, accompanied by one of the things described in numbers 1 and 3.

Article 365 of the Criminal Code in general has the following elements:

1. The purpose is to "prepare for theft", which is an act of violence or threat of violence that precedes the taking of goods, for example: binding the house guard, beating and others.

2. The intent to "facilitate theft", that is, the taking of goods is facilitated by violence or the threat of violence. For example: pointing to be quiet, not moving, while the other thief took the items in the house.

The criminal act of theft regulated in Article 365 of the Criminal Code is also a theft with qualifications or is a theft with incriminating elements.

Definition of Violence

Violence is an act of violation (torture, beating, rape, etc.) that causes or is intended to cause suffering or harm to others, and to some extent. Violence is basically classified into two forms, arbitrary violence and encoded violence, which encompasses arbitrary violence is that encompasses violence on a small scale or unplanned, while encoded violence is carried out by groups whether given rights or not like that occurred in war (ie inter-community violence) and terrorism.

Basically, violence or threats of violence must be shown to people, not to objects or items that can be done before or after the theft was committed, if the purpose is to prepare, facilitate theft, and if caught red handed there is an opportunity for himself or his friends who helped to escape stolen property or objects remain in his hands.

The Criminal Code does not provide an authentic understanding of what is meant by violence. Only Article 89 of the Criminal Code states that what is likened to committing violence makes people faint or become powerless (weak). In the explanation of Article 89 of the Criminal Code, it is explained that committing violence means using physical force or physical force illegally, for example, hitting with a hand or with all kinds of weapons, kicking, kicking which is likened to violence according to this article is to make people faint or be helpless. Acts of violence formulated in the Criminal Code are contained in the articles:

1. Article 89 of the Criminal Code: the act of making a person faint.

2. Article 335 of the Criminal Code: forcing others to do something, not doing something or allowing something to break the law.

Violence is used to indicate actions that result in damage or injury, physical and psychological harm to a person or his property.

Definition of Criminalization

Criminalization is an application of sanctions that is a system of a broad criminal system. The criminal system can be interpreted as a system of giving or imposing a crime. The system of giving / imposing a criminal (criminal system) can be seen from two angles, namely:

1. Criminal system in the broadest sense, viewed from a functional point of view from the point of view of its work / process. The criminal system can be interpreted as:

- The whole system (statutory regulations) for functional / operalization / concretization of crimes.

- The whole system (laws and regulations) that regulates how the criminal law is enforced or operationally concretely so that a person is subject to criminal (legal) sanctions.

The penal system is identical to the criminal law enforcement system which consists of the Materiel / Substantive Criminal Law sub-system, the Formal Criminal Law sub-system and the Criminal law enforcement system. The three sub-systems are a unity of the criminal system, because it is impossible for criminal law to be operationally / enforced concretely only with one of the sub-systems.

2. Criminal system in the narrow sense is seen from the normative / substantive point of view, that is only seen from the norms of substantive criminal law, the criminal system can be interpreted as:

• The whole system (the rule of law) for punishment

• The whole system (the rule of law) for granting / imposing and carrying out criminal offenses.

All statutory rules in the Criminal Code and special laws outside the Criminal Code are essentially a unit of the criminal system, which consists of "general rules" and "special rules" ("general rules") "Special rules").

The word punishment has different meanings from every legal expert, according to Andi Hamzah, stating that: "Criminalization is also referred to as criminal imprisonment or criminal giving or punishment. Dutch is called straftoemeting and in English it is sentencing. Sudarto, stated that the sentence of punishment is synonymous with the word "punishment" which is derived from the word legal basis, so it can be interpreted as establishing the law or deciding about the sentence (berechthen) ".

Hulsman argues that the sentencing system (the sentencing system) is "statutory rules relating to criminal sanctions and criminal sanctions" (the statutory rules relating to penal sanctions and punishment).

In accordance with the politics of criminal law, the purpose of punishment must be directed to the protection of the community from welfare and the balance and harmony of life in society by taking into account the interests of the community / state, victims and perpetrators

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