Journal of Law and Nation
Vol. 3 No. 4 (2024): NOVEMBER

ANALISIS YURIDIS TERHADAP TINDAK PIDANA PENGANIAYAAN YANG MENGAKIBATKAN KORBAN LUKA BERAT

Rangga Fahbri Haryanata (Unknown)
M Sifa Fauzi Yulianis (Unknown)



Article Info

Publish Date
02 Aug 2024

Abstract

The purpose of this study is to discuss and analyze the application of material criminal law to the criminal act of persecution that results in serious injury to the victim and discuss and analyze the supporting and inhibiting factors in the application of material criminal law to the criminal act of persecution that results in serious injury to the victim. Research includes normative legal research. The results showed that: a) The application of material criminal law to the criminal act of maltreatment resulting in serious injury to the victim, namely referring to Article 354 of the Criminal Code which indicates that whoever intentionally seriously injures another person, is threatened with severe maltreatment with a maximum imprisonment of eight years; and b) Supporting factors in the application of material criminal law to criminal acts of persecution that result in serious injury to victims, namely the existence of regulations governing the settlement of criminal acts and the existence of a clear legal basis. If there is no legal basis governing the settlement of crimes in the police, the police will not resolve the crime of maltreatment resulting in serious injury to the victim will be forwarded to the court. Meanwhile, the inhibiting factor in the application of material criminal law to the criminal act of persecution that results in serious injury to the victim is the ever- changing mode of the perpetrator and the silence carried out by the suspect.

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Journal Info

Abbrev

joln

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Journal of Law and Nation (JOLN) focuses on literature and field studies on law-related matters. The scope is related to legal theory, E-Commerce law, Legal and Deductive Reasoning, International Law, Constitutional Law, Contract Law, administrative law, International Law environment, Money theft, ...