Lex Journal : Kajian Hukum dan Keadilan
Vol 10 No 4 (2026): December (In Progress)

Application of Statutory Provisions in Proving the Crime of Maltreatment Resulting in Death: A Case Study of Case Number B2031/Q.1.10/Eoh.2/09/2023

Pati Suat (Faculty of Law, University of Pattimura, Indonesia)
Julianus Edwin Latupeirissa (Faculty of Law, University of Pattimura, Indonesia)
Reimon Supusepa (Faculty of Law, University of Pattimura, Indonesia)



Article Info

Publish Date
14 Sep 2026

Abstract

The offense of maltreatment resulting in death constitutes a criminal act that poses challenges in determining the appropriate statutory qualification, particularly in distinguishing between maltreatment resulting in death, severe maltreatment resulting in death, and homicide. This issue is closely related to proving the elements of maltreatment, intent (dolus), the consequence of death, and the causal relationship between the offender's act and the victim's death. This study aims to analyze the evidentiary proof of the elements of maltreatment resulting in death and to examine the application of Article 351 paragraph (3) of the Indonesian Criminal Code (KUHP) to such criminal acts. The research method employed is normative legal research using a statute approach, a conceptual approach, and a case approach. The legal materials consist of primary, secondary, and tertiary legal sources collected through library research and supported by field research data. The legal materials were analyzed qualitatively and presented descriptively, systematically, and logically. The findings indicate that the evidence in the case fulfilled the elements of intentional violence and a causal link between the defendant's acts and the victim's death. However, based on the characteristics of the act, the targeting of the victim's head, the use of a hard object, and the construction of the perpetrator's intent, a stronger legal basis exists to consider the application of Article 354 paragraph (2) of the KUHP rather than Article 351 paragraph (3) of the KUHP. Although the Panel of Judges imposed a sentence under Article 351 paragraph (3) of the KUHP, this statutory qualification warrants critical examination, as the intent to commit severe maltreatment can be inferred from the method, instrument, and target of the defendant's actions.

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Journal Info

Abbrev

hukum

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Lex Journal is a scientific journal published by the Faculty of Law, Dr. Soetomo University which will be published regularly every six months. In July and December containing articles in the form of articles, studies, and research results. This journal is published as a forum to provide space for ...