JURIDICAL ANALYSIS OF THE DEFENDANT'S ACTIONS IN FULFILLING THE ELEMENT OF THEFT WITH THE BURDEN IN CASE NUMBER 135/Pid.B/2026/PN Sbr

Abstrak

Background. Aggravated theft is a form of theft involving certain circumstances that result in a more severe criminal sanction.

Aims. This study aims to analyze whether the elements of aggravated theft were fulfilled in Decision Number 135/Pid.B/2026/PN Sbr based on Law Number 1 of 2023 concerning the Criminal Code.

Methods. This research employs a normative juridical method using a statutory approach and a case approach. The legal materials used consist of laws and regulations, court decisions, scientific journals, and legal literature, which are analyzed using a qualitative-descriptive method.

Result. The results of the study indicate that the defendant's actions fulfilled the elements of aggravated theft as stipulated in Article 477 paragraph (1) letter e of Law Number 1 of 2023. These elements are met because the defendant took property belonging to another person without permission, with the intention of unlawfully possessing it, and committed the act at night inside a house.

Conclusion. Therefore, the Panel of Judges' decision to find the defendant guilty of aggravated theft has a legal basis in the facts established during the trial.