PENERAPAN PIDANA TERHADAP TINDAK PIDANA PENCURIAN KABEL TELEPON SEBAGAI SARANA FASILITAS UMUM (Studi Kasus Perkara Pidana Nomor : 65/PID.B/2011/PN.PRM)
ABSTRACT: The application of
the law of theft of telephone cables as expressly provided in the book of the
law of criminal law (Criminal Code). Theft cases in Indonesia from year to year
is increasing, as well as in the jurisdiction of Pariaman especially theft of telephone
cables. Although the telephone cable theft is common, but are revealed and
tried to court is not much. Issues raised in this paper are (1) how the
application of the criminal on criminal acts telephone cable theft as a means
of public facilities (2) How does the judge consideration in deciding the case
the crime of theft of telephone cables as public facilities. This study uses
socio-juridical approach. The data used include primary document and secondary
document. Document were obtained through interviews and document study.
Document were analyzed qualitatively. From the study it can be concluded that
(1) the application of the criminal to the crime of theft telephone cable which
refers to the general provisions of the Criminal Code, Article 362, (2)
Consideration of the judge must consider the provision of judicial and
non-judicial provisions, therefore, the judges in deciding the case the crime
of theft telephone cable refers to the elements of article indicted by the
prosecutor and witness testimony, testimony of the defendant, and the evidence
that appropriate from each other.
Penulis: Faisal Wanhar,
Syafridatat, Rianda Seprasia
Kode Jurnal: jphukumdd151378
