Journal of Strafvodering Indonesian
Vol. 1 No. 4 (2024): JOSI-SEPTEMBER

Analysis of Criminal Sanctions for Criminal Acts of Assault in Indonesia

Samsidar, Samsidar (Unknown)



Article Info

Publish Date
16 May 2025

Abstract

The crime of assault is a violation of the law that often occurs in Indonesian society and has serious implications for public security and order. Assault is clearly regulated in the Criminal Code (KUHP), especially in Articles 351 to 358, which cover various forms and levels of severity of assault. This article aims to analyze the application of criminal sanctions against perpetrators of assault in Indonesia, both in the form of imprisonment and fines. Using a normative legal approach, this study examines aspects of positive law, legal doctrine, and related court decisions. It was found that although the regulations have been quite adequate, the application of sanctions still faces challenges such as inconsistency in judges' decisions, non-legal considerations, and the less than optimal role of law enforcement officers. This article also discusses the need for reformulation of the criminal sanction approach and alternative conflict resolution, such as restorative justice, to create more substantial justice. This study is expected to contribute to the development of a more humanistic and just national criminal law.

Copyrights © 2024






Journal Info

Abbrev

JOSI

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Other

Description

Journal of Strafvordering Indonesian (JOSI) is a peer-reviewed, open access international journal that discusses politics of law in general, discuss discourses on the development of criminal law and government policy from various perspectives. All submitted manuscripts will be reviewed by the ...