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All Journal Jurnal Hukum Prioris
Benedict Veby Cristie Renyaan
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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PENJATUHAN SANKSI PIDANA TERHADAP ANGGOTA KEPOLISIAN YANG KARENA KEALPAANNYA MENYEBABKAN KORBAN MENINGGAL: The Imposition of Criminal Sanctions on Police Officers Whose Negligence Results in the Death of a Victim Benedict Veby Cristie Renyaan; Sutrisno
Jurnal Hukum PRIORIS Vol. 13 No. 1 (2025): Jurnal Hukum Prioris Volume 13 Nomor 1 Tahun 2025
Publisher : Faculty of Law, Trisakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/prio.v13i1.24832

Abstract

Every citizen, including members of the police force, holds equal status before the law, including when involved in actions that result in criminal liability due to negligence. The issues discussed in this research concern the judge's considerations in imposing criminal sanctions for negligence causing death by a police officer, as well as the application of criminal liability for such negligence in Decision Number 55/Pid.B/2024/PN Plk based on Article 359 of the Indonesian Criminal Code (KUHP). The research method used is normative legal research with a descriptive-analytical approach, utilizing secondary data and drawing conclusions through deductive reasoning. The result concludes that Decision Number 55/Pid.B/2024/PN Plk affirms that police officers can be held criminally liable for negligence resulting in death, as regulated in Article 359 of the KUHP. Although the offender acted in the context of duty, the element of negligence remains the basis for imposing criminal sanctions. This decision reflects the application of the principle of equality before the law and serves as an important precedent in upholding the rule of law and accountability of law enforcement officers.
Co-Authors SUTRISNO