Reformasi Hukum Trisakti
Vol. 4 No. 4 (2022): Reformasi Hukum Trisakti

PERTIMBANGAN HAKIM MEMUTUS BEBAS TINDAK PENGANIAYAAN PASAL 351 (1) KUHP (PUTUSAN NO: 301/PID.B/2020/PN.SBG)

Azra Sulaiman (Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia)
Vience Ratna Multiwijaya (Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Trisakti, Jakarta, Indonesia)



Article Info

Publish Date
09 Nov 2022

Abstract

The high level of heavy persecution occurs for various reasons, including the desire to get something, lack of social control in society, problems that cause hostility between perpetrators and victims, individuals who cannot control their emotions, prejudice against others, humiliated or harassed and feeling betrayed by the perpetrator. The problems in this research are whether the defendant's actions is in accordance with the elements in Article 351 paragraph (1) of the Criminal Code or not and what is the judge's verdict for the perpetrators of the crime of persecution? (Court Decision Number 301/Pid.B/2020/PN Sbg). To answer the problems, the research conducted in normative and descriptive analytical legal research by using secondary data. The conclusions: the verdict was the defendant was acquitted, meaning the decision is not having a deterrent effect on the defendant. Based on the analysis of the subject matter, it should be in the judge's consideration that it was proven that the defendant commited the crime and the judge should give a sentencing decision and the defendant should have been sentenced guilty that the defendant committed the crime of persecution under Article 351 paragraph (1) of the Criminal Code.

Copyrights © 2022






Journal Info

Abbrev

refor

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of this journal is in the field of legal science for case studies in Indonesia and also other regions of the world. Jurnal Reformasi Hukum Trisakti comes from a half of the results of the sudents undergraduate thesis of the Faculty of Law Trisakti University, in subjects : Business Law ...