Criminal Liability for Theft in Oil Palm Plantations (Study of Decision No27/Pid.C/2023/PN.Psp)

Abstract

Palm fruit theft often occurs due to weak law enforcement, especially when the value of the loss is below Rp2.5 million so that it is only subject to Article 364 of the Criminal Code as a minor crime. This study uses a normative juridical method with an analytical descriptive approach through the study of laws and regulations and court decisions. Palm oil theft is regulated in Article 362 of the Criminal Code and Article 107 letter d of Law Number 39 of 2014 with a maximum penalty of four years in prison or a fine of Rp4 billion. Article 63 paragraph (2) and Article 64 paragraph (1) of the Criminal Code regulate the application of special rules and continued acts. Decision Number 27/Pid.C/2023/PN.Psp proves that the defendant stole 11 sacks of palm oil weighing ±330 kg, with the penalty imposed based on consideration of aggravating and mitigating matters.