ANALISIS PERTANGGUNGJAWABAN PIDANA PELAKU PENCURIAN DENGAN KEKERASAN (BEGAL) DALAM PERSPEKTIF HUKUM PIDANA INDONESIA

Abstract

thus not only causing material losses but also threatening the safety and security of the community. The increase in gang-related crimes raises questions regarding its legal regulation and the criminal liability of each perpetrator based on the reform of the national criminal code. This study aims to analyze the legal provisions of the crime of violent theft in Indonesian criminal law and the criminal liability of perpetrators under the National Criminal Code. The study employed normative legal research methods with statutory, conceptual, and case-based approaches through an analysis of a robbery case targeting firefighters in Central Jakarta. The results indicate that violent theft is distinguished from ordinary theft by the presence of violence or the threat of violence as qualifying elements of the offense. Criminal liability is imposed on each perpetrator according to their culpability and role in the crime through the application of the concept of inclusion, with evidence supported by criminal procedural mechanisms that guarantee legal certainty, justice, and the protection of human rights.

Keywords: Violent Theft (Begal), Criminal Liability, National Criminal Code, Included, Indonesian Criminal Law