CRIMINAL RESPONSIBILITY FOR PERPETRATORS OF THEFT WITH AGGRAVATION

Abstract

Criminal liability for perpetrators of aggravated theft is an important aspect of the Indonesian criminal law system, which is regulated in Article 363 of the Criminal Code. Aggravated theft occurs when the perpetrator commits the crime of theft with certain conditions or factors that aggravate his actions, such as involving violence, breaking into a house, or stealing valuables. In this case, criminal liability does not only include the basic elements of theft, namely taking property belonging to another person with the intention of unlawfully possessing it, but also considers the existing aggravating elements. The determination of criminal liability for perpetrators of aggravated theft requires the judge to analyze various evidence and legal facts, and assess the extent to which the aggravating elements are fulfilled. Sanctions imposed on perpetrators can also be more severe, in accordance with applicable legal provisions, as a form of protection for the interests of victims and efforts to prevent similar criminal acts in the future. This research aims to explore the legal aspects related to criminal liability in cases of aggravated theft, as well as to understand how the application of criminal law in providing justice for the community