PENGARUH KETERANGAN SAKSI KORBAN SEBAGAI VICTIM PRECIPITATION DALAM HAL YANG MERINGANKAN PENJATUHAN SANKSI PIDANA (Analisis Putusan Pengadilan Negeri Gresik Nomor 271/ Pid.B/2021/Pn Gsk)

The crime of theft is an act against the law and is prohibited by the Criminal Code, because it can harm someone who is the victim of the act by losing property. In the Gresik District Court decision Number 271/ Pid.B/2021/PN Gsk there was a criminal act of motorbike theft, but in this act there was negligence of the victim, namely forgetting to remove the motorbike key which was still attached so that the perpetrator easily took the vehicle. This is in accordance with the victim precipitation theory, namely that criminal acts can occur because there is a victim's role in it. Therefore, the author aims to analyze the criminal act of theft in which there is negligence of the victim and is linked to the theory of victim precipitation, the law, the decision of the Bandung District Court Number 858/Pid.B/2019/PN.Bdg and Pangkal Pinang District Court decision Number 167/ Pid.B/2018/PN Pgp which lists the victim's precipitation as a mitigating legal basis. The type of research used by normative jurisprudence is legal research which places the law as a system of norms. The norm system in question is about principles, norms, rules from statutory regulations, court decisions, and doctrine (teachings). The results of the research stated that this criminal act occurred because the victim's role was there, namely forgetting to remove the motorbike key which was still attached, so the perpetrator easily took the victim's motorbike, then the judge sentenced him to 1 (one) year 4 (four) months prison and did not include the victim's negligence as a mitigating legal consideration, but in the decisions of the Bandung District Court and Pangkal Pinang District Court which included the victim's negligence as a mitigating legal consideration, the sentence was lower.

Keywords: Victim Precipitation.