Alfian Widyatama, Sujono

LAW ENFORCEMENT OF THEFT WITH VIOLENCE RESULTING IN DEATH BASED ON THE PERSPECTIVE OF JUSTICE

Introduction

Law enforcement of theft with violence resulting in death based on the perspective of justice. Explore law enforcement of violent theft causing death, analyzing judge's legal considerations for justice & deterrence based on Article 365 (3) of the Criminal Code.

Abstract

Law enforcement must be carried out fairly and without discrimination in order to create justice and order in society. This study discusses law enforcement against the crime of theft with violence resulting in death based on Article 365 paragraph (3) of the Criminal Code, as well as an analysis of the legal considerations of judges in District Court Decision Number 33/Pid.B/2024/PN.Llg. The method used is normative juridical research with the approach of legislation and decision studies. The results showed that the perpetrator was sentenced to a maximum imprisonment of fifteen years as a form of fair law enforcement. The judge's consideration includes the fulfillment of the elements of the article charged, the demands of the public prosecutor, and the absence of reasons for criminal erasure. Law enforcement in the decision is in accordance with the principles of justice, certainty, and legal benefits. Therefore, law enforcement in the future must refer to the applicable rules of law in order to provide a deterrent effect, as well as protection and security for the community.

Review

This paper addresses the critical issue of law enforcement concerning theft with violence resulting in death, a severe crime outlined in Article 365 paragraph (3) of the Criminal Code. Adopting a normative juridical research methodology, the study combines legislative analysis with a detailed examination of District Court Decision Number 33/Pid.B/2024/PN.Llg to understand judicial considerations in such cases. The abstract clearly posits the necessity of fair and non-discriminatory law enforcement as a cornerstone for societal justice and order, underscoring the relevance of this topic within criminal jurisprudence and public policy debates. The findings indicate that the perpetrator in the analyzed case received a maximum sentence of fifteen years, which the authors interpret as an example of fair law enforcement. The judges' rationale reportedly included the fulfillment of statutory elements, consideration of the public prosecutor's demands, and the absence of grounds for criminal erasure. The paper concludes that the law enforcement demonstrated in the decision aligns with principles of justice, certainty, and legal benefits, offering a concise overview of the formal legal reasoning process. While these points provide a foundational understanding of judicial practice, the abstract's emphasis on "fairness" could benefit from a more explicit definition or theoretical framework within the analysis itself. Overall, this study contributes to the understanding of how severe criminal acts involving fatal violence are adjudicated within the Indonesian legal system, providing a valuable case study. To enhance its scholarly impact, the paper could further elaborate on "the perspective of justice" promised in the title. Moving beyond a confirmation of legal adherence, a deeper exploration into the normative underpinnings of what constitutes justice in such cases, perhaps by examining the interplay of retributive and restorative justice theories or societal expectations, would enrich the discussion. Additionally, expanding on *how* future adherence to legal rules specifically leads to a more comprehensive deterrent effect and heightened community protection, especially from a multi-stakeholder perspective, would strengthen the paper's recommendations.

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