Analisis Hukum terhadap Peraturan Mahkamah Agung No. 2 Tahun 2012 Tentang Penyesuaian Batasan Tindak Pidana Ringan dan Jumlah Denda dalam Kitab Undang-Undang Hukum Pidana

Abstract

This study analyzes the application of Supreme Court Regulation Number 2 of 2012 concerning the Adjustment of the Limitations on Minor Offenses and the Amount of Fines under the Indonesian Criminal Code, with particular reference to Decision Number 1/Pid.C/2021/PN.Mjn. It also examines the judge’s ratio decidendi in adjudicating the minor theft case. This study employed a juridical approach supported by a case study, statutory analysis, document examination, and an interview with the judge who decided the case. The findings demonstrate that the theft of IDR 25,000 was appropriately classified as minor theft under Article 364 of the Criminal Code and processed through an expedited examination procedure. The defendant was sentenced to one month of imprisonment; however, the sentence was suspended for a probationary period of three months. The judge considered the defendant’s admission of guilt, promise not to repeat the offense, lack of prior convictions, young age, and potential for rehabilitation. Although the damaged donation box was not included in the calculation of the financial loss, its damage should legally be recognized because it impaired the function of the property. Nevertheless, including its value would not alter the legal classification, as the total loss remained below IDR 2,500,000. The decision reflects the principles of proportionality, utility, and substantive justice. However, determining losses in minor theft cases should comprehensively consider both the value of the stolen property and any damage caused to other property.