Review Follow Criminal Theft In the Criminal Code Conditions in the formulation of common understanding about the theft in the Criminal Code article 362 is:
Whoever took the goods of all or part of the property of others with the aim to have the goods against the law, because the theft dipidana with imprisonment for a duration of 5-year or a fine as high-Rp. 900.00.
see if the contents of the article at the top of which the elements in this article are:
1. First, the act must have "take" from the place where the goods are located. Because the word "take" was tersimpul of "deliberately", then the law does not mention "deliberately take". If we hear the word "take" the first thought that we are bringing something of goods from a place to another. In the following example if problems arise element "take" has been met so that the act can dikualifisir as theft? A stand in the market animals. Beside a cow is tied to the property B at that time are eating rice in a small shop. Then came the C cattle that are owned by A. C bid with a number of cattle prices and receive a cash price. Because he thinks that the purchase of the legitimate owner, C ago to lead the cows go home. Are A and C can be prosecuted for theft? Light in this case there is no element of "taking" of the A. according Langemeyer (in his book, Prof.. Wirjono Prodjodikoro, SH) A can be answerable "told steal" ( "doen plegen") in accordance with the provisions of the Criminal Code article 55. C is considered as the manus ministra take cattle as a suspect own, because of which he can not be.
"Manus ministra who is without kesengajaan, errors or questioned, because:
- Because he does not know
- Because he or disesatkan
- Because of the constraint
Manus ministra, and as a direct perpetrator dipidana can not, because the fact is the only tool we have not ( "Willoos werktuig).
2. Elements of "goods" are taken.
Goods that must be taken that the tangible goods, even electric power through extensive interpretation can become the object theft. In addition, the goods must be moved ( "verplaatsbaar"). Forming laws are deliberately avoiding the use of the term "not moving" ( "onroerend"). By using the term "goods that can be moved" and avoid the use of the term "can not move," ago the possible theft of goods that are due to move but can not be with them and can be moved ago. For example, theft of trees, which was not able to move, but after ditebang ago can be moved.
3. Element Barang Own Goal against the Law
The perpetrator must know that the goods taken is good for the whole or part to belong to another person. Even if the theft is usually done to benefit ( "winstbejag").
Which the question is: "When there has been action ownership" toeeigening ")? What has been the owner, if the perpetrator has taken possession of others. In the event that any such action so that the actors look obtain full control over the goods to lose grip at all for the actual owner.
B. "GEQUALIFICEERD DIEFSTAL" (Theft with weighting)
different from the Criminal Code article 362, the theft is regulated in article 363 Criminal Code and Article 365 the Criminal Code called "Theft with the qualification" (gegualificeerd diefstal "). Prof. Wirjono translated as "theft of a special" for the theft was done with a certain way. The author further agree to use the term R. Susilo (book in the Book of Law Criminal Law), namely "the weighting theft", because of these terms can be seen at once that, because it is the theft diperberat threat pidananya.
About this article 363 Criminal Code, among others, said:
(1) Criminal punishment with imprisonment for ever 7 (seven) years:
1. Theft of livestock
2. Theft at the time of fire, explosion, floods, earthquakes or sea earthquake, volcano eruption, shipwreck - stranded ship, train accidents, riots, insurrection, rebellion or ship disaster in the war;
3. theft at night in a dwelling house or yard that terutup where the dwelling house is done by people who are there as far as one without the will or contrary to the right;
4. Theft is done by two or more persons together
5. The theft in order to go to the crime or to be able to retrieve the stolen goods is done with the road to disassemble ( "braak"), break ( "verbreking") or shin ( "inkliming") or use the key false, false, or the clothes of office fake.
(2) If the theft is on the no. 3 accompanied by one of the things on the no. 4 and 5 the criminal dijatuhi prison forever 9 years old.
He explained to us the following description:
Ad.1: Theft of cattle ( "vee")
In the Netherlands which is the element that is burdensome theft from pasture, where penggembalaan "weide"). Because the animals in Indonesia this is a domestic animal that is very important for the people, the theft of livestock are considered to be heavy, no matter stolen from the shed or the place of penggembalaan.
Ad.2: In grains 2 article 363 of the Criminal Code also referred to a theft at the time of the disaster, fire, and so forth. Reason to aggravate the threat of crime in the theft of this kind is due to the occurrence of tumult, turmoil, the fear is very easy for theft. Stolen goods that do not need the goods affected, but all kinds of goods because of the disaster is not / get less care. The perpetrators must seize the opportunity to ease pencuriannya.
Ad.3: Types of weighting the third is on the night of the theft in a dwelling house, is done by people who are there as far as one without the will or contrary to the right.
What is the "night" suda clear, that is, as said by the Criminal Code article 98, which says:
"Night means the period between sunset and sunrise."
In the Netherlands perumusannya quite another (section 311 WvSN), namely: "theft at the time of rest the night" (voor de nachtrust bestemde tijd).
Ad.4: weighting to the four elements, namely: when the theft was carried out jointly by two or more persons ( "twee of meerverenigde personen").
The term "together" ( "verenigde personen") indicates that two or more people will have to do with theft. So here required elements, the perpetrators of that together have kesengajaan ( "gezamenlijk opzet") to do the stealing. Not enough when the perpetrators of the chance to do with theft in the same place. When a thief to theft in a place, and the other a thief want to do also in place without a thief sepengatahuan the first, then this does not include the term steal together as diisyaratkan by article 363 (1) Criminal Code 4 grains.
Ad.5: Element weighting is to use the five ways:
- Dismantle ( "braak")
- Break ( "verbreking")
- Shin ( "inklimming");
- The key of the false ( "valse sluetel)
- Using the false ( "valse order")
- Wear a false position ( "valse kostuum").
Including the "dismantle and tear" is any act of violence that caused a rupture on the goods, either to dismantle or break something requesting the goods, so remove latch not only means to disassemble or break.
C. RINGAN theft (Article 364 Criminal Code)
Theft light is different from the other kinds of theft, for example: theft with elements weighting ( "gequalificeerd diefstall"). For the article theft goods whose value is very low (that is, only for the goods that are not worth more than Rp; 25.00) is not how people feel the nature of evil deeds. For example, because the feeling thirsty after working in the blazing sun diambillah a mango or coconut page from a neighbor. Therefore, the only threat pidananya minimum 3 months imprisonment or a fine as high-Rp. 60.00.
But with the growth of time, the price of goods, the goods increased, to almost no practical items that cost less than Rp. 25.00. Therefore, in the year 1960, namely the Law no. 16/Prp/1960 government increase the value of Rp. Is to Rp 25.00. 250.00. And in line with the threat of criminal penalties in the Criminal Code increased 15 times.
D. Theft WITH VIOLENCE (Ps. 365 Criminal Code)
Article 365 of the Criminal Code include:
(1) were threatened with criminal prison forever 9 years, theft of didahului, accompanied or followed by violence or threat of violence, against persons, with the intent to prepare or facilitate the theft, or caught in the hand, to allow the escape or participants other, or to keep the goods that dicurinya:
(2) were threatened with prison, the criminal to 12 years old:
- Go 1: If the act is done at night in a house or yard that have closed their houses, on the road or in a train or tram running
- Go 2: If peruatan conducted by two or more allied with the
- Go 3: If the entrance to commit a crime, or damage to the shin with a child or a false key, the counterfeit clothing or false position,
- Go 4: If the act resulted in serious injury
(3) If the act causing death, then apply the criminal prison 15 years old
(4) were threatened with death or criminal punishment or life imprisonment for a certain time is 20 years old, if peruatan lead to serious injury or death and carried out by two or more persons with the team, also accompanied by one of the things that are in no. 1 and 3.
Name: Zainuddin H.Abdulkadir Home: Pontianak, Kalimantan Barat, Indonesia About Me: Nothing ever happened in the past; it happened in the now, nothing will ever happen in the future;it will happen in the now. See my complete profile