CD Skripsi
Penegakan Hukum Terhadap Tindak Pidanapenganiayaan Di Kabupaten Kuantan Singingi Dalam Perspektif Hukum Pidana Dan Hukum Adat
ABSTRACT
Criminal acts of "violence" either committed individually or collectively or
in groups that can disturb public order can even disturb the community. It seems
that the awareness of respecting one's human rights and feeling of loving fellow
human beings is getting thinner or the growth is not as expected so that the
behavior of "doing good" for others and for others is increasingly invisible. The
formation of crimes against the human body is intended to protect the legal
interests of the body from actions in the form of attacking the body or parts of the
body that cause pain or injury, even because such injuries to the body can cause
death. Persecution is regulated in article 351 of the Criminal Code. In the
Criminal Code this is called "persecution" but the Criminal Code itself does not
contain the meaning of persecution. Persecution in the Big Indonesian Dictionary
contains the meaning of arbitrary treatment. The definition of persecution which
is published in the Big Indonesian Dictionary is a broad meaning, which includes
those concerning feelings or inner thoughts. Persecution referred to in criminal
law is that relating to the human body. The criminal fines imposed on the
perpetrators of a criminal act of persecution in customary criminal law are
intended to restore the balance (magical) disturbed by acts contrary to customary
law.
This type of research can be classified into sociological juridical research
where the research tests the effectiveness of the current law. This sociological
legal research is a type of research that is viewed from the purpose of legal
research. Sociological or empirical legal research consists of legal identification
(unwritten) and research on the effectiveness of the law.
From the results of the research, it is found that, firstly, the criminal acts
of persecution in articles 351 of the Criminal Code and 170 of the Criminal Code
are resolved in a formal manner according to the verdict while in court. Not only
that, the criminal act of persecution can be resolved through customary law by
conducting penal mediation involving the families of the perpetrators and victims
and traditional stakeholders as peacemakers. The two obstacles that occur are the
perpetrator running away, the family giving false information and also difficulties
when asked for information, while the difficulty of the customary stakeholders in
resolving the penal mediation is because the perpetrator and the victim are not
native Kuantan Singi residents so that positive law becomes a reference for
settlement of cases and parties. the victim thought that the sanction from custom
was too light.
Keywords: Persecution - Violence - Crime - Penal Mediation.
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