Juridical Analysis of Theft in the Family (Article 367 of the Indonesian Penal Code)

DOI

10.2991/aebmr.k.200513.034How to use a DOI?

Keywords

investigation, complaint offense, theft in the family

Abstract

The purpose of this research is to find out how the characteristics of the complaint offense theft in the family environment according to Article 367 of The Criminal Code and how the possible consequences of investigating offense complaints of theft in the family environment. Using the normative juridical research method, it can be concluded: 1. Theft in the family as stipulated in Article 367 of The Criminal Code the Legislator establishes theft as a criminal offense (klacht delict), that is theft that can only be prosecuted if there from the injury party. Family theft as stipulated in Article 367 of The Criminal Code, the legislator determine theft as a criminal offense which is theft that can only prosecuted if there is a complaint from the injury party. The types of complaints in Article 367 of the Criminal Code are relatives complaints, namely complaints against people who commit theft and absolute complaints, namely their actions. 2. In understanding according to the Criminal Code can only be prosecuted if there is a complaint, only applies at the prosecuted stage and in the responsibilitiy of the public prosecutor but does not apply in the investigation stage to the investigating official,and the actions made possible by law in the course of an investigation, such as summoning suspects and witnessess, arrest, detention, confiscation can be carried out, and justified, although it turns out that because there were no complaints, the public prosecutor did not prosecute. But on the contrary the possibility of such acts of investigation, in view of the background of the offense of complaint in the Criminal Procedure Code is contradictory which means that the purpose of the offense of complaint is not achieved, is to protect the interests of those affected by crime, not to be further disadvantages. Therefore, the act of investigation should also not be carried out on offenses of complaint or without complaint, except for the act of investigation which is essence does not cause any harm to the crime.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Nina Yolanda
PY  - 2020
DA  - 2020/05/20
TI  - Juridical Analysis of Theft in the Family (Article 367 of the Indonesian Penal Code)
BT  - Proceedings of the International Conference on Law, Economics and Health (ICLEH 2020)
PB  - Atlantis Press
SP  - 165
EP  - 169
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200513.034
DO  - 10.2991/aebmr.k.200513.034
ID  - Yolanda2020
ER  -