Studi Perbandingan Pertanggungjawaban Pidana Pelaku Pencurian Sepeda Motor

Studi Putusan No. 42/Pid.B/2025/PNBau dan No. 114/Pid.B/2024/PNBau

Abstract

This study aims to analyze and compare the criminal liability of perpetrators of motorcycle theft in two decisions of the Baubau District Court, namely Decision No. 42/Pid.B/2025/PN Bau involving the defendant La Ode Sofyan alias Ian bin La Ode Marwan Andam, who was sentenced to 1 (one) year imprisonment, and Decision No. 114/Pid.B/2024/PN Bau involving the defendant Muhammad Abdul Kadir, who was sentenced to 7 (seven) months imprisonment. This research employs normative legal research with descriptive-analytical specifications using the statute approach, case approach, and conceptual approach. The legal materials used consist of primary legal materials in the form of the Criminal Code (KUHP), Criminal Procedure Code (KUHAP), and court decisions; secondary legal materials in the form of books, scientific journals, and opinions of criminal law experts; as well as tertiary legal materials in the form of legal dictionaries. The data collection technique used was library research, which was then analyzed qualitatively through legal interpretation and argumentation. The results of the study indicate that criminal liability for both defendants has been applied in accordance with the principle of culpability (geen straf zonder schuld), although there are differences in the degree of fault. In Decision No. 42/Pid.B/2025/PN Bau, the defendant changed the color of the vehicle and removed the license plate, indicating a high level of intent (dolus directus) to disguise the proceeds of the crime. The difference in detention periods between the two defendants was caused by differences in legal risk levels as regulated in Article 21 of the Criminal Procedure Code (KUHAP), differences in case complexity, and the discretion of law enforcement officers, which are consequences of the criminal procedural law mechanism rather than a form of inconsistency in the application of the law.