SANKSI PIDANA TERHADAP PELAKU PENCURIAN PRATIMA

I PUTU YOGA SURYA PRATAMA

Sari


Theft is a type of crime and also a social problem of society, which is not only a problem of society in Bali island but also a regional problem. Theft is any one who takes anything, who llyor partly belongs to another person, with the intent to possess unlaw fully, is threat ened with theft, with a maximum imprison mentoffive years or a fine of up to nine hundred rupiah. Pratima is partof a form, image, or likeness that depicts god to show the omni potence of God Almighty, where Pratima it self can also be categorized as a good. As in the case of Pratima theft in 2012 stir the Balinese people. One of them happen edat Penataran Pande Pering alot temple which is located in Karangasem Regency. Criminal sanction simposed by the judge to the perpetrator of this the ftof pratima is subject to the ft criminal sanctions of articles 363 verses 1 to 4e and 53 of the Criminal Code with a demand of 7 years in prison. In the judgment of the criminal act of the theft perpetrators of a sacred object (pratima) in Bali in order to fulfill the sense of justice to the Hindu community, the judges should be able to explore the customary law that is alive and believed by the community and made a law on the theft of sacred objects (pratima) in Bali, In order to pass judgment, the judge has a legal basis. The judge's consideration in imposing criminal sanctions on the perpetrators of pratima theft is based one vidence that can be presented in the court. The eviden cepresented in the trial must be mutually related to each other. It is intended that the Judge can prove that the defendant committed the criminal act because if the evidence presented in the hearing is not related to the case attrial, it can cause uncertainty on the judge's judgment in imposing a criminal verdict.

Keywords : Theft, pratima, criminal law

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Referensi


Anonim, 2011, “Divonis Tujuh Tahun, Gembong Maling Pratima Sesenggukan”

Andi Hamzah, 2011,Kitab Undang-Undang Hukum Pidana, PT RINEKA CIPTA, Jakarta.

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SoetandyoWignjosoebroto, 2008, HukumdalamMasyarakatPerkembangandanMasalah, SebuahPengantarkeArahSosiologiHukum, PenerbitBayu Publishing, Malang.






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