A Legal Analysis of Aggravated Theft: A Case Study of a Burglary at a Public Figure’s Home

Abstract

The looting of Uya Kuya’s home by a mob constitutes a criminal offense specifically, the unlawful taking of another person’s property. As a result of this looting, Uya Kuya suffered a loss of 7 billion from the items taken by the mob. Therefore, it is necessary to understand the modus operandi involved and the legal resolution of this criminal act. The research method used is the normative legal research method, which examines legislation, legal principles, and court decisions that have attained final and binding legal force. The research approaches employed are the legislative approach and the conceptual approach. The research findings show that, first, the modus operandi used in the case of the looting of Uya Kuya’s home, as described in Judgment 589/Pid.B/2025/PN.Jkt.Tim, Judgment 590/Pid.B/2025/PN.Jkt.Tim, and Judgment 593/Pid.B/2025/PN.Jkt. Tim, Judgment 595/Pid.B/2025/PN.Jkt.Tim, and Judgment 596/Pid.B/2025/PN.Jkt.Tim, involved exploiting the chaos caused by the crowd at Surya Utama’s or Uya Kuya’s home to unlawfully take Surya Utama’s or Uya Kuya’s property. Second, the criminal offense in this case was resolved by applying Article 363, paragraphs (3) and (4). The elements constituting an aggravated criminal offense are as follows: any person who takes an item—whether in whole or in part—belonging to another person, with the intent to unlawfully possess it, and who does so at night within a residence or on enclosed property containing a residence, where the person’s presence is unknown to or not authorized by the rightful owner, or where the act is committed by two or more persons. One of the cases was resolved through the restorative justice mechanism.