THE STUDY ON CRIMINAL SANCTIONS AGAINST VIOLENT THEFT BASED ON ARTICLE 365 OF THE CRIMINAL CODE
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Institusion
Universitas Darul ulum
Author
WARA PERMANA, BAGUS
Subject
Ilmu Hukum
Datestamp
2021-10-25 01:42:08
Abstract :
ABSTRACT Sanctions for the crime of theft with violence in Article 365 of the Criminal Code. A criminal act is an act which by a rule of law is prohibited and is subject to certain criminal sanctions, for anyone who violates the prohibition. Of the many criminal acts in Indonesia, the crime of theft with violence is a crime committed by a person or group to another party, either inside or outside the home openly accompanied by violence and results in serious physical and non-physical losses. big. The sanctions for the crime of theft with violence in Article 365 of the Criminal Code are: (1) nine years, (2) twelve years, (3) fifteen years, and (4) a death sentence or a life sentence or imprisonment for a maximum of twenty years. While the sanctions in Islamic criminal law for perpetrators of theft with violence are contained in Surah Al Maidah verse 33: killed, or crucified, or cut off their hands and feet crosswise, or exiled from their place of residence. Therefore, the sanctions for the crime of theft with violence in Islamic criminal law are heavier and more effective than sanctions in the Criminal Code. The purpose of this study is to: (1) find out the sanctions for the crime of theft with violence in Article 365 of the Criminal Code, (2) find out the forms of criminal acts of theft with violence in Islamic criminal law, (3) find out the purpose of sanctions according to the Criminal Code and criminal law Islam, (4) knowing the sanctions for the crime of theft with violence in Islamic criminal law. The framework of this research regarding the sanction of the crime of theft with violence put forward by Wahbah al-Zuhayli in his book Al-Figh al-Islami wa'adillatuh, the sentence imposed on the perpetrator of the robbery must be in accordance with the level of the crime level. This study uses a deduction research method (analysis) using qualitative data types, the data sources in this study are primary and secondary data sources. The data collection techniques in the preparation of this research use library research or library research. The results of this study regarding the criminal act of theft with violence, in Article 365 of the Criminal Code: (1) nine years, (2) twelve years, (3) fifteen years, and (4) the death penalty or life sentence or imprisonment for -twenty years. The forms of criminal acts of theft with violence in Islamic criminal law have different punishments depending on the consequences of the perpetrators of the theft with violence. The purpose of sanctions is to retaliate or give suffering to criminals. Meanwhile, the sanctions in Islamic criminal law for perpetrators of theft with violence are contained in Surah Al-Maidah verse 33: killed, or crucified, or having their hands and feet cut off on a cross, or exiled from their place of residence. Keywords : Theft with violence, Article 365 of the Criminal Code
ABSTRACT Sanctions for the crime of theft with violence in Article 365 of the Criminal Code. A criminal act is an act which by a rule of law is prohibited and is subject to certain criminal sanctions, for anyone who violates the prohibition. Of the many criminal acts in Indonesia, the crime of theft with violence is a crime committed by a person or group to another party, either inside or outside the home openly accompanied by violence and results in serious physical and non-physical losses. big. The sanctions for the crime of theft with violence in Article 365 of the Criminal Code are: (1) nine years, (2) twelve years, (3) fifteen years, and (4) a death sentence or a life sentence or imprisonment for a maximum of twenty years. While the sanctions in Islamic criminal law for perpetrators of theft with violence are contained in Surah Al Maidah verse 33: killed, or crucified, or cut off their hands and feet crosswise, or exiled from their place of residence. Therefore, the sanctions for the crime of theft with violence in Islamic criminal law are heavier and more effective than sanctions in the Criminal Code. The purpose of this study is to: (1) find out the sanctions for the crime of theft with violence in Article 365 of the Criminal Code, (2) find out the forms of criminal acts of theft with violence in Islamic criminal law, (3) find out the purpose of sanctions according to the Criminal Code and criminal law Islam, (4) knowing the sanctions for the crime of theft with violence in Islamic criminal law. The framework of this research regarding the sanction of the crime of theft with violence put forward by Wahbah al-Zuhayli in his book Al-Figh al-Islami wa'adillatuh, the sentence imposed on the perpetrator of the robbery must be in accordance with the level of the crime level. This study uses a deduction research method (analysis) using qualitative data types, the data sources in this study are primary and secondary data sources. The data collection techniques in the preparation of this research use library research or library research. The results of this study regarding the criminal act of theft with violence, in Article 365 of the Criminal Code: (1) nine years, (2) twelve years, (3) fifteen years, and (4) the death penalty or life sentence or imprisonment for -twenty years. The forms of criminal acts of theft with violence in Islamic criminal law have different punishments depending on the consequences of the perpetrators of the theft with violence. The purpose of sanctions is to retaliate or give suffering to criminals. Meanwhile, the sanctions in Islamic criminal law for perpetrators of theft with violence are contained in Surah Al-Maidah verse 33: killed, or crucified, or having their hands and feet cut off on a cross, or exiled from their place of residence. Keywords : Theft with violence, Article 365 of the Criminal Code
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