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.

Keywords: Application, Theft, Consideration, Judge