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Achmad Toifur
Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

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KEDUDUKAN KORBAN PENYERANGAN PERKELAHIAN MASSAL MENURUT PASAL 358 KUHP Abd. Manab; Taufik; Achmad Toifur
ASA Vol 3 No 1 (2021): FEBRUARI
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v3i1.42

Abstract

Crime is part of human problems in everyday life. Therefore, it is necessary to provide limits on what is meant by the crime itself, only then can other elements related to the crime be discussed, for example who did it, the causes and so on. Juvenile delinquency is a symptom of delinquency in the form of fights between masses or between groups and between schools that have occurred in recent years.The purpose of writing this journal is to find out how the position of victims of mass brawl assaults according to Article 358 of the Criminal Code and to find out what factors cause mass fights to occur and preventive actions that can be taken to anticipate this.Victims Involved in Mass Fights Become Criminal Actors According to Article 358 of the Criminal Code, this article in the case of a fight or attack carried out by several people (more than 2), where there is a result of people being seriously injured or dead, but it can be known who from the crowd that had seriously injured or killed the person. If the fight does not result in serious injury or death, the person cannot be subject to this article. If in a fight or attack it can be proven (known) who the people are besides being prosecuted according to this article, provisions regarding the persecution or murder that he committed and the people are forced to take part in the fight or attack to separate or protect Weak groups cannot be said to "participate in fights or attacks" and are not subject to this article.