CD Skripsi

Analisis Unsur Kesalahan (Mens Rea) Terkait Tindak Pidana Penganiayaan (Studi Kasus Putusan Nomor : 372/Pid.B/2020/Pn Jkt.Utr)

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ABSTRACT
Cases of criminal acts of persecution continue to be in the public spotlight,
this happens because there are many cases of criminal acts of persecution that
cause unrest in the community. Not only cases of criminal acts of persecution that
were carried out spontaneously, but also those that were planned in advance and
caused serious injuries. This study explains the problems regarding the application
and proof related to the element of error (mens rea) in the form of intentional and
unintentional in Decision Number: 372/Pid.B/2020/PN.Jkt Utr. As there is a
discrepancy with the existing actus reus and causes the element of error in the form
of intentional turning into negligence. This is because there is no definite basis that
can be used in applying the element of error (mens rea) in cases of criminal acts of
persecution. This thesis will explore the application of the element of error (mens
rea) in the case of Decision Number: 372/Pid.B/2020/PN.Jkt Utr.
This type of research is normative legal research that uses case studies of
literature in collecting and searching data. In this study, the authors conducted
research on legal theory, namely the theory of criminal law policy and the theory
of legal certainty. This research is a descriptive research, which is a research
method that describes the actual situation at the time of the research through data
collection which is then interpreted with each other so that the formulation and
analysis of an existing problem is obtained. Data analysis used by researchers in
this study is qualitative data analysis, namely data analysis that does not use
statistics or other things, but researchers simply describe descriptively or verbally
based on the data obtained.
The results of this study can be concluded in two main things. First, the
evidence and application of the element of error (mens rea) by the Panel of Judges
in the North Jakarta District Court Decision Number: 372/Pid.B/2020/PN.Jkt.Utr
is considered inappropriate. As in the proof and application of the element of guilt
(mens rea) in the case, the judge stated that the consequences of the act were not
included in the mens rea so that the act was considered as negligence. Meanwhile,
the act should have entered the realm of "deliberate" in which the Defendant was
aware of the possibility of other consequences but continued to commit his actions.
This shows that there is an error in the application of the element of error (mens
rea) which leads to the absence of legal certainty in the criminal law enforcement
process. Second, the parameters that determine the emergence of the element of
error (mens rea) from each decision have a significant difference in applying the
element of mens rea. The absence of a definite basis results in the application of the
mens rea element not having legal certainty. The absence of legal certainty is
certainly very contrary to criminal law policies which are supposed to provide
certainty, justice, and benefits.
Keywords: Persecution, Mens Rea, Seriously Injured

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 122 (0005)

Penerbit

Pekanbaru : Universitas Riau – Fakultas HUKUM – HUKUM PIDANA., 2022

Deskripsi Fisik

ix, 79 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 122 (0005)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Daus

Versi lain/terkait

Lampiran Berkas

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