ANALISIS PUTUSAN TERHADAP SANKSI PIDANA PELAKU TINDAK PIDANA PENGANIAYAAN (STUDI PUTUSAN PENGADILAN NEGERI KOTABUMI NOMOR 291/PID.B/2022/PN.KBU)

‘Usailiyah Fii Oktafiana, NIM.: 19103040126 (2023) ANALISIS PUTUSAN TERHADAP SANKSI PIDANA PELAKU TINDAK PIDANA PENGANIAYAAN (STUDI PUTUSAN PENGADILAN NEGERI KOTABUMI NOMOR 291/PID.B/2022/PN.KBU). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Relationships between people often cause conflicts, so that from these conflicts that give birth to a criminal act. The criminal act of persecution is the deliberate infliction of pain on another person. Therefore, there is a demand for a deterrent effect for the perpetrators of criminal acts of persecution to account for their actions, with firm action from law enforcement officials and is expected to reduce the rate of increase in crime rates that occur in Indonesia, especially criminal acts of persecution in accordance with the objectives of the criminal theory. Regarding the criminal act of persecution, there is a decision of the Kotabumi District Court Number 291/Pid.B/2022/PN. The research will analyze based on the theory of punishment and the approach to material aspects, philosophical aspects of judgment, and aspects of legal reasoning. This study uses a type of normative juridical law research. The nature of research in this study is descriptive analytical. The approach in this study is normative juridical. The source of legal materials in this study consists of primary legal materials, secondary legal materials, and tertiary legal materials. This research data was completed by the results of an interview with the Kotabumi District Court Judge. Data collection techniques in this study used library research. The data obtained are then analyzed qualitatively using deductive methods. The theoretical framework used is the theory of punishment, the theory of sentencing and the theory of legal reasoning. The results of research on Decision Number 291/Pid.B/2022/PN. This KBU is concluded in several ways: first, the prison sanctions imposed by the panel of judges in the decision are not in accordance with the purpose of punishment in the theory of punishment, because the criminal sanctions are not considered to be able to create a deterrent effect on the defendant. Second, considering the material aspect, the panel of judges chose the second alternative charge, namely Article 351 paragraph (1) of the Criminal Code, because the defendant had fulfilled the elements of the Article, so that this aspect was fulfilled. Consideration of the philosophical aspect of sentencing has not been fulfilled because the verdict does not reflect the expediency aspect which is part of the philosophical aspect of sentencing sentencing . Considering from the aspect of legal reasoning, in the decision the panel of judges was incomplete in considering mitigating matters because the panel of judges did not dig further regarding the active involvement of the accused.

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