JUDGE'S LEGAL CONSIDERATIONS IN SENTENCING THE PERPETRATORS OF STOLEN CAR THEFT

(Study of Decision Number 481/Pid.B/2024/PN Tjk)

Abstract

The crime of confiscation is still a crucial problem in the Indonesian criminal law system because it is directly related to the rise of other crimes, especially theft. This study examines Decision Number 481/Pid.B/2024/PN Tanjung Karang with the defendant Kukuh Agung Wibowo who was proven to have bought a vehicle without official documents. The focus of the research is directed at two things, namely the factors that caused the defendant to commit the conviction and the basis for the judge's consideration in imposing the verdict. The purpose of the study is to analyze the background of the occurrence of criminal acts of confiscation and examine the judge's legal considerations. This study uses the Edwin H. Sutherland Association Differentiation Theory to explain how social interaction can affect the formation of deviant behavior, as well as Judge McKenzie's Theory of Reasoning which emphasizes the importance of legal, moral, and socio-political aspects in making decisions. The method used is normative and empirical juridical with data collection through literature studies and interviews, which are then analyzed qualitatively. The results of the study showed that the defendant's actions were influenced by the permissive social environment, economic pressure, and low legal awareness. The judge sentenced the defendant to five months in prison considering that the defendant was not recidivist, cooperative, regretted his actions, and came from a simple family. The verdict reflects efforts to realize substantive justice oriented towards social rehabilitation.