Legal Analysis Of The Quality Of Evidence In The Crime Of Theft (Study Of Decision Number 81/Pid.B/2020/Pn Tob)

Abstract

This research examines the Quality of Evidence for the Crime of Theft in Decision Number 81/PID.B/2020/PN Tob.This research uses doctrinal legal research methods with statutory and conceptual approaches. The results showed that Decision Number 81/PID.B/2020/PN Tob which acquitted the defendant Hendri Novita alias Hendrik from the charge of theft showed that the quality of evidence submitted by the Public Prosecutor (JPU) did not meet the standard of proof as stipulated in Article 183 in this case, the testimony of witnesses could not prove that the defendant directly took or placed ore stones belonging to PT NHM into the car he was driving. although the element of the subject of law (the element of "who") has been fulfilled because the defendant was legally presented and his identity was recognized, the element of material action was not proven. Therefore, the entire juridical construction of the indictment collapsed because one of the elements of the offense was not proven legally and convincingly. Therefore, based on legal considerations that are rational, objective, and in accordance with the principles of evidence in the Criminal Procedure Code, the judge acquitted the defendant.