CD Skripsi
Analisis Yuridis Terhadap Putusan Hakim Dalam Perkara No.1144/Pid.B/2017/Pn.Mks Pada Pelaku Tindak Pidana Penganiayaan Yang Meyebabkan Kematian Dalam Pelaksanaan Orientasi Mahasiswa Baru
ABSTRACT
The Study Orientation Period Campus Introduction is one of the things that
sounds horror among new students, it cannot be denied that its existence is not
only found at the tertiary level, but at various levels of elementary schools such as
junior high and high school. For example, in the case decision No.1144 / Pid.B /
2017 / PN.Mks, in that case the defendant was sentenced to only probation while
the victim has died. Based on the rules issued by the Regulation of the Minister of
Education and Culture (Permendikbud) Number 18 of 2016 concerning the
Introduction of the School Environment for New Students listed in Article 5
paragraph (1) Sub (b) which states that it is prohibited to involve senior students
(seniors) and / or alumni as organizers and sub (e) who state that the introduction
of a school environment is prohibited from hazing or other acts of violence. But in
reality there are still many cases of hazing committed by seniors to their juniors.
The purpose of writing this thesis, namely; first, knowing the judge's
decision and the judge's consideration in case No.1144 / Pid.B / 2017 / PN.Mks on
the perpetrator of a criminal offense of torture that caused death in the
implementation of new student orientation. This research method can be classified
in the type of normative legal research or literature study, because the researcher
conducts research on the legal synchronization level and focuses on legal
principles where the legal principels used are the principle of legality and the
principle of error.
From the results of the research conducted, it can be concluded that in the
verdict, the judge has imposed a criminal offense against the perpetrator, taking
into account several considerations, but only probation was imposed. Of course
this is felt to be unfair because one of the purposes of punishment is to make
people deterred from committing crimes and in making considerations, judges
must pay attention to the values of justice for victims and perpetrators, because
from these considerations will result in a decision that will be carried out. by the
perpetrator in accordance with applicable legal provisions.
Keywords: Judge's Decision-Crime - Persecution Leads to Death
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