CD Tesis

Penafsiran Hukum Terhadap Pasal 170 KUHP Sebagai Delik Kejahatan Terhadap Ketertiban Umum Dikaitkan Dengan Perlindungan Hak Asasi Manusia Pelaku Tindak Pidana

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In the practice of law enforcement related to crimes against public order,
there are always different polemics among law enforcement officers, both Police
Investigators, Public Prosecutors, and Judges in interpreting the same case but
with the application of different articles, namely Article 170 with Article 351
which have similar elements and similar norms but are wrong in applying articles
and deciding cases against perpetrators will intersect with human rights. The
formulation of the problem is how the legal formulation of Article 170 of the
Criminal Code as a crime offense against public order is related to the protection
of the human rights of criminals, how is the application of Article 170 of the
Criminal Code at the stage of investigation, prosecution, and court decision. The
research method in this thesis uses the type of research used in writing this law is
normative legal research, namely the approach taken by examining library
materials or secondary data on legislation associated with research. The result of
the research is that Article 170 of the Criminal Code is qualified in terms of
historical interpretation of this offense to disturb public order, and the purpose of
Article 170 of the Criminal Code is to protect the public interest. This can be seen
from its placement which is located in chapter V of the Criminal Code which
regulates Crimes against Public Order. If public order is not disturbed, this
Article cannot be applied even if the act is carried out in public. Violence against
other people or goods in Article 170 of the Criminal Code is not a goal. In this
offense, intentionality is implied in the words committing violence, which means
that the intention lies in "open" or open law and with mutual strength, so it must
be proven that the crime committed to create an unsafe atmosphere. The
application of Article 170 of the Criminal Code among APH varies in practice.
There are those who interpret if the act of violence is carried out by two or more
people in public and causes injury to others, then the elements contained in
Article 170 of the Criminal Code have been fulfilled. There are also those who
interpret that even though the act is carried out in public but does not disturb
public order, it is more appropriate to fulfill the elements of Article 351 of the
Criminal Code or Article 406 of the Criminal Code which if damaging personal
property is not appropriate to apply Article 170 of the Criminal Code.
Key Words : Legal Interpretation; Public Order Crimes; Human rights;

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1810247091

Penerbit

Pekanbaru : Universitas Riau – Pascasarjana – Tesis Ilmu Hukum., 2022

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1810247091

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

ILMU HUKUM

Info Detail Spesifik

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Pernyataan Tanggungjawab

FATAH

Versi lain/terkait

Lampiran Berkas

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