Legal Analysis Of The Application Of The Element Of Joint Action In The Crime Of Theft By Two Or More People In Association As Reviewed From Article 20 Of Law No. 1 Of 2023

Abstract

The crime of theft is an offense against property that frequently occurs and often involves more than one perpetrator. The application of the “jointly committed” element as regulated in Article 477 of the new Criminal Code raises juridical issues, particularly in relation to the concept of participation in Article 20 of law No. 1 of 2023. This study aims to analyze these issues and their implications for legal certainty. The research uses a normative juridical method with statutory, case and conceptual approaches, focusing on Decision Number 398/Pid.B/2022/PN.Amb. The results indicate that judges have not clearly explained the existence of conscious cooperation and joint execution as requirements of co-perpetration. Moreover, the absence of reference to Article 20 of law creates ambiguity, affecting legal certainty and fairness in sentencing.