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IMPLEMENTATION OF THE VIOLENCE ELEMENT WITHIN THE CRIME OF ROBBERY

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Judges are people who are believed to be representatives of God. Their decisions must
always reflect justice for all the litigants, not only by the judge's beliefs but also by the astronomical
knowledge of applicable theories and norms. Often, judges make mistakes when they observe almost
similar cases, such as case 827/Pid.B/2021/PN.Jmr. The judge could not differentiate between the
defendant's actions as theft and violence or an ordinary theft. This study analyzes the extent of the
judge's assessment of the degree of violence in the crime of robbery. The research aims to find out
how judges assess and determine the degree of violence in criminal acts of theft that involves
violence. The research method used is a normative juridical method, referring to the statutory,
conceptual, and case approaches, which takes samples of criminal case verdicts in the jurisdiction
of the Jember District Court. The research results concluded that the judge was negligent and
mistaken in applying the appropriate criminal code article based on legal facts. The defendant's
actions were more appropriately said to have committed an ordinary theft as in the subsidiary
indictment of the Public Prosecutor because normatively and theoretically, the defendant's actions
referred more to the crime of common theft, not theft with violence.

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Ketersediaan

UIB00007623

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

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Penerbit

sumatera barat : STIH Putri Maharaja Payakumbuh., 2023

Deskripsi Fisik

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Bahasa

English

ISBN/ISSN

2580-1678

Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

Vol. 9, No. 1

Subjek

Hukum

Info Detail Spesifik

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Pernyataan Tanggungjawab

Perpustakaan Universitas Islam Batik

Versi lain/terkait

Lampiran Berkas

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