JURIDICAL REVIEW OF DEFECT COMPLAINTS THEFT IN THE FAMILY BASED ON ARTICLE 367 OF THE CRIMINAL LAW BOOK
JURIDICAL REVIEW OF DEFECT COMPLAINTS THEFT
Abstract
The crime of theft is a social phenomenon that is always faced by society. Theft is not only committed between perpetrators and victims of theft who do not know each other but there is also theft between people where there is a family relationship in the household. The creators of the Criminal Code also gave special treatment to theft that occurred between people who have family relationships as stipulated in Article 367 Paragraph 2 of the Criminal Code. The research aims to determine the characteristics of the provisions for the offense of theft complaints in the family environment based on Article 367 of the Criminal Code and the consequences of investigating the offense of theft complaints in the family environment. The research was carried out using normative juridical research methods, namely research carried out using library research studying books, statutory regulations, and other documents related to research, and the results of the research shows that based on Article 367 of the Criminal Code it is explained that the perpetrator of theft is in the family Punishment can only be given if there is a complaint from the victim of the theft, so that if there is no complaint from the injured party, then there will be no legal process for the perpetrator of the theft in the family. This is as regulated and explained in Article 367 Paragraph 2 of the Criminal Code, which states that if the person is a husband (wife) who has been freed from the obligation to live at home with his wife (husband), or a family of blood, or a family of the same blood, both in descent. straight, or deviant descent in the second degree, then legal proceedings can only be carried out against the person himself if there is a complaint from the person who has been harmed by the crime committed.
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Regulation
Republic of Indonesia Constitution of 1945
Criminal Code (KUHP)
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