PERTANGGUNGJAWABAN PIDANA DALAM TINDAK PIDANA PENCURIAN DENGAN KEKERASAN BERBASIS KELOMPOK (COLLECTIVE CRIMINALITY) DI INDONESIA

Abstract

Group-based robbery presents a complex issue of criminal liability because the involvement of several persons in a single criminal undertaking does not necessarily demonstrate an equal degree of participation, culpability, or contribution to the resulting harm. This study aims to analyze the regulation of criminal liability for perpetrators of group-based robbery and its application in judicial practice by employing collective criminality as an analytical framework for examining the relationship between a common criminal purpose and individual criminal responsibility. This study employs normative legal research using statutory, conceptual, and case approaches, with Denpasar District Court Decision Number 486/Pid.B/2021/PN Dps as the principal case, supported by several comparative cases. The findings demonstrate that criminal liability cannot be established merely on the basis of an individual's membership or presence within a group; it must be determined by culpability, form of participation, knowledge and intent, functional contribution, and the connection between each participant's conduct and the violence and consequences resulting from the offense. Under Indonesia's National Criminal Code, this framework is more systematically reflected in Article 479 governing robbery, Article 20 governing forms of participation as a principal offender, Article 21 governing assistance, and Article 54 governing sentencing considerations. Comparison with the previous Criminal Code regime indicates a stronger orientation toward individualized criminal liability and sentencing, meaning that participation in the same criminal undertaking does not automatically justify identical punishment. The study finds that collective criminality is relevant for mapping the structure and interrelationship of participants' roles but cannot replace the principle of individual criminal responsibility. Accordingly, criminal liability for group-based offenses should integrate proof of common criminal purpose, the quality of individual contribution, attribution of consequences, and individualized sentencing to ensure legal certainty, justice, and proportionality.

Keywords: Criminal Liability; Robbery; Criminal Participation; Collective Criminality; Individualized Sentencing