CD Skripsi
Analisis Yuridis Perbandingan Putusan Nomor 122/Pid.B/2017/Pt.Pbr Dengan Nomor 313/Pid.B/2019/Pn.Bls Terhadap Aparatur Sipil Negara Dan Masyarakat Yang Melakukan Tindak Pidana Penganiayaan Berat
ABSTRACT
In criminal law, generally used to determine which actions should not be done, which are
prohibited, accompanied by threats or sanctions for those who violate them. As a rule
containing sanctions, criminal law certainly has the objective of stipulating these sanctions
for those who violate them. Sanctions in criminal law are also called criminal sanctions.
The purpose of criminal sanctions according to Bemmelen is to maintain public order, and
has the combined purpose of frightening, correcting, and for certain crimes to destroy.
Enforcement of criminal law in terms of imposing sanctions is an effective way to suppress
future crimes.
State Civil Apparatus carrying out their duties and authorities who commit criminal acts
must be accountable for their actions before a general court session, thus violating
disciplinary regulations and even violating provisions of criminal law. Criminal acts
committed by each State Civil Apparatus will be processed in accordance with the
provisions of the applicable criminal law. Namely processed and filed within the scope of
general courts. Enforcing the legal process does not mean having to resort to repressive
measures in the form of violence, even leading to criminal acts committed by investigators.
In the concept of Due Process of law, preventive enforcement4 is very important in the
spirit of Restorative Justice.
For example, in Riau province, the Pekanbaru High Court imposed imprisonment on
elements of the State Civil Apparatus who committed a criminal act of severe maltreatment
for four years in prison based on verdict No. It should be that the imposition of criminal
charges against the State Civil Apparatus can be increased by one third based on Article
52 of the Criminal Code. Meanwhile, at the Bengkalis District Court, the community was
sentenced to five years in prison based on the number 313 / Pid.B / 2019 / PN Bls.
This type of research used by the author is normative legal research that examines legal
aspects by looking at the applicable laws, literature review and decisions of high courts.
The results of this study are that there is still a lack of justice, law enforcement carried out
by law enforcers against the perpetrators of this particular crime, those who have the
status of State Civil Apparatus (ASN).
KEY WORDS: Purpose of Criminalization, Equality Before the Law, Justice
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