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All Journal Unes Law Review Indonesian Journal of Law and Economics Review
Rahaditya, Rahaditya
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Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Pertanggungjawaban Pidana Pelaku Penganiayaan terhadap Juru Tagih (Studi Putusan Pengadilan Tinggi Palembang Nomor 261/PID/2019/PLG) Alvina, Alvina; Rahaditya, Rahaditya
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.834

Abstract

This study are supposed to determine the criminals' criminal responsibility of persecution of debt collectors by using a case study of the Palembang District Court Decision Number 261/PID/2019/PLG. This research uses research on normative juridical that is done through looking at and studying library materials and laws and regulations or legal materials which include primary legal sources, secondary legal entities, and tertiary legal entities. This research uses a statute approach and case approach. Primary legal sources being used in this study are the 1945 Constitution of the Republic of Indonesia, Law Number 1 of 1946 on the Criminal Code, and Law Number 8 of 1981 on Criminal Procedure. Analysis method in this study is qualitative juridical analysis method. Based on the findings of this study, it could be stated if the maltreatment can cause victim unable to do his work due to the pain experienced, but does not result in serious injury or is not intended to result in serious injury, the maltreatment can be punished under Article 351 paragraph (1) of the Criminal Code or Article 466 paragraph (1) of the Criminal Code.
Public View as an Aggravating Factor in Joint Violence According to Article 170 Paragraph (2) of the Criminal Code: Vis Publica Sebagai Pertimbangan Pemberat Pidana dalam Kekerasan Bersama Menurut Pasal 170 Ayat (2) KUHP Purba, Gilbert; Rahaditya, Rahaditya
Indonesian Journal of Law and Economics Review Vol. 21 No. 1 (2026): February
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v21i1.1411

Abstract

General Background: Violence committed collectively poses broader social risks because it disrupts public order and triggers wider societal anxiety. Specific Background: In Indonesian criminal law, vis publica in Pasal 170 KUHP functions as a key qualifier distinguishing ordinary assault from public-order crimes, yet its judicial interpretation remains inconsistent. Knowledge Gap: Existing scholarship has not clarified how vis publica should operate as a basis for sentencing aggravation under Pasal 170 ayat (2) KUHP, nor how judges should evaluate its causal relevance to social disturbance. Aims: This study analyzes the juridical status of vis publica as a judicial consideration in imposing aggravated penalties for collective violence. Results: Findings show that vis publica acts as a legal threshold for classifying the offense as a public-order crime, but it only justifies aggravated sentencing when judges demonstrate its concrete contribution to expanding social harm. Novelty: This research formulates a structured reasoning model requiring judges to link public visibility with measurable disturbance before escalating punishment. Implications: Strengthening doctrinal clarity on vis publica supports proportional sentencing, enhances legal certainty, and improves consistency in judicial decision-making in collective-violence cases. Highlights: Vis publica is the legal threshold that transforms individual assault into a public-order crime. Aggravated sentencing requires a proven causal link between public visibility and expanded social harm. Judicial reasoning must be structured, proportional, and grounded in measurable disturbance. Keywords: Vis Publica, Pasal 170 KUHP, Collective Violence, Sentencing Aggravation, Public Order.
Co-Authors Alvina Alvina Purba, Gilbert