CD Skripsi
Analisis Yuridis Pertanggungjawaban Tindak Pidana Pembantuan/ Medeplichtige Dalam Kasus Kerusuhan Demonstrasi
ABSTRACT
The decision of the Panel of Judges at the Central Jakarta District Court in the criminal case Number: 844/Pid.B/2019/PN.Jkt.Pst, is one of the cases of national concern. The decision relates to the Crime of Assistance/Medeplichtige which raises questions regarding what is the judge's benchmark in deciding the case so that the defendants are interpreted as actors participating in assisting anarchist crimes and what actions can be categorized as assistance in a crime, because in that case it was found that the co-perpetrator of giving drinking water and water for washing his face to the participants in the riot action during the demonstration was sentenced to a criminal sentence even though he had no malicious intent to commit a crime. The purpose of this research is to find out the liability for the criminal assistance/ medeplichtige and to find out the suitability between the arrangements regarding the crime of assisting/ medeplichtige and decision No.844/Pid.B/2019/PN.Jak.Pst related to the demonstration riot case.
The research method used is normative legal research supported by secondary data, carried out by making library materials the main focus based on library research by taking excerpts from reading books, or supporting books that have something to do with the problem to be studied. Thus this study uses secondary data sources consisting of primary, secondary, and tertiary legal materials. This study also used qualitative data analysis and produced descriptive data using deductive thinking methods.
The results of this study there are two main points. First, that accountability related to criminal acts of assistance/medeplichtige in Indonesia is regulated in Article 57 of the Criminal Code where in the decision related to the demonstration riot case there are reasons that can negate accountability in a person. Second, after outlining and analyzing the related decisions, it was found that there was a judge's mistake in interpreting the suitability between the actions committed by the Defendants and the arrangement for co-operation crimes because there was no causality between the act and the circumstances after the act was committed and the judge's judgments or judgments in this case were not objective, because it is not based on the facts revealed in court.
Keywords: Medeplichtige-Demonstration-Criminal Liability
Tidak tersedia versi lain