CD Skripsi
Tinjauan Yuridis Terhadap Tindak Pidana Penyiraman Air Keras Studi Kasus Putusan Pengadilan Dengan (Nomor Perkara 372/Pid.B/2020/Pn Jkt.Utr)
ABSTRACK
Throwing hard water is a criminal act that can endanger an individual's
life, hard water is a fairly concentrated acid solution, someone who is exposed to
hard water will experience physical damage, it can even cause permanent injury.
Criminal provisions for the criminal act of maltreatment are contained in the
Criminal Code, namely in Articles 351 to 358 of the Criminal Code. The purpose
of writing this thesis: first, to find out the basis for the judge's consideration in
making a decision with Case Number 372 / Pid.B / 2020 / PN Jkt.Utr against the
perpetrators of sprinkling hard water. Second, to find the ideal sanction against the
perpetrators of sprinkling hard water in the criminal justice system in Indonesia.
The author conducts normative juridical research or literature study in order to
obtain secondary data through documentary studies, namely by studying and
analyzing a comparative descriptive of laws and regulations with theories that
have a relationship to the problems studied.
From the research results, there are two main points that can be concluded.
First, the basis for the judge's decision in making a decision against the perpetrator
of hard water sprinkling persecution with Decision Number 372 / Pid.B / 2020 /
PN Jkt.Utr is that the judge only sees the actions committed by the perpetrator
without seeing or considering the consequences of the actions of the perpetrators.
the perpetrator. Second, the ideal sanction for the perpetrators of mistreatment of
sprinkling hard water in the criminal justice system in Indonesia is that in addition
to seeing the actions committed by the perpetrator, he must also consider justice
for the victim, then looking at similar cases the sentence imposed on the
perpetrator should be at least 5 (five). ) years imprisonment or equivalent in a
similar case and added to pay for the cost of care for the victim.
The author's suggestion is that the judge in making a decision should see
from a similar case, how the decision is made which will later be considered by
the judge to decide the same case. Imposing a sentence against a defendant of a
criminal act of maltreatment should consider the consequences experienced by the
victim. The ideal sanction, according to the authors, is based on the consequences
and profession of the victim, the ideal punishment is at least five years in prison,
or at least the same as in similar cases where there is no sentence below seven
years in prison, so that justice can be obtained by the victim, giving a clear effect
for perpetrators and similar things do not happen again and are answered with
community anxiety.
Keywords: Juridical review - Crime - Flushing with hard water - Case
Number 372 / Pid.B / 2020 / PN Jkt.Utr
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