ANALISIS PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU TINDAK PIDANA PENGANIAYAAN YANG MENGAKIBATKAN LUKA BERAT ( Studi Putusan Pengadilan Negeri Yogyakarta Nomor 92/Pid.B/2021/PN Yyk )

Kuni Qoneta, NIM: 18103040062 (2022) ANALISIS PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU TINDAK PIDANA PENGANIAYAAN YANG MENGAKIBATKAN LUKA BERAT ( Studi Putusan Pengadilan Negeri Yogyakarta Nomor 92/Pid.B/2021/PN Yyk ). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARA.

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Abstract

The crime of persecution is one of the phenomena that often occur in community life. Frequent abuses, such as beatings and physical violence often result in injuries to the victim's body and limbs, and sometimes result in lifelong disability, including death. This is as happened in the case of case Number 92 /Pid.B/2021/PN Yyk. The problems in this study are how criminal liability for perpetrators of criminal acts of persecution that resulted in severe injuries and how the judge's consideration in imposing sanctions on perpetrators is seen from the concept of justice. This research uses normative juridical research methods conducted by means of library research that collects written data from journals, books, laws and regulations, and other written data. The data used is sourced from the 1945 Constitution, the Criminal Code (Criminal Code), and the Criminal Procedure Law (KUHAP). From results of this study show that criminal liability for perpetrators of criminal acts of persecution and the consideration of judges in imposing sanctions do not reflect the justice conceptualized by Aristotle, namely achieving a measure of equality and a measure of proportionality. The measure of equality was not achieved due to the decision of the Panel of Judges that cut the defendant's prison term is not in accordance with the demands of the Public Prosecutor, it also affects the achievement of proportional measures that do not meet the equal rights. Then the Judgment of the Panel of Judges did not reach the measure of equality and the measure of proportionality to establish burdensome circumstances for the defendant, besides that proportional measure was not achieved because the Panel of Judges did not realize equal rights for the defendant and the victim who suffered losses due to the defendant's actions.

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