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KKM
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| Judul | : |
TINDAK PIDANA PENGANIAYAAN YANG MENGAKIBATKAN MATI (Studi Kasus terhadap Putusan Pengadilan Negeri Purwokerto Nomor 70/Pid.B/2023/PN Pwt)
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| Subjek | : |
Offenses against the person
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| Pengarang | : |
Jogi Frian Unedo Siregar
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| Pembimbing | : |
Dwi Hapsari Retnaningrum,
Budiyono
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2025
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| Call Number | : |
345.025 55 SIR t
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
Abuse is a deliberate act aimed at causing harm to another person, whether physically,
emotionally, or psychologically, with the intention of inflicting suffering or damage on
the victim. This study aims to analyze the application of the elements of the criminal
offense of abuse resulting in death as outlined in the Decision of the District Court of
Purwokerto No. 70/Pid.B/2023/PN Pwt, as well as the Judge's perspective in
qualifying the defendant's actions as a criminal act of abuse resulting in death. The
study uses a normative juridical approach with a descriptive-analytical specification.
Secondary data sources, including court decisions, are collected through library
research, presented in descriptive form, and analyzed using a normative qualitative
method. The application of the elements of the criminal offense of abuse resulting in
death in the District Court of Purwokerto Decision No. 70/Pid.B/2023/PN Pwt fulfills
the requirements for criminal liability, namely unlawful actions and the defendant's
ability to be held accountable without justifiable excuses. Based on the trial facts, the
defendant's actions were proven to meet the elements of Article 351 Paragraph (3) of
the Criminal Code (KUHP), namely (a) anyone who and (b) abuse resulting in death.
The court analyzed the facts and concluded that the defendant committed abuse
resulting in the victim's death. The judge's perspective in qualifying the defendant's
actions as abuse resulting in death in the District Court of Purwokerto Decision No.
70/Pid.B/2023/PN Pwt considered the elements of Article 351 Paragraph (3) of the
KUHP, evidence under Article 184 of the Criminal Procedure Code (KUHAP), and
aggravating or mitigating circumstances as per Article 197 Paragraph (1) letter (f) of
the KUHAP. The author argues that this offense is not classified as severe abuse but
rather as mild abuse, as the victim's death was caused by blunt force trauma.
Keywords: Criminal Offense, Abuse, Resulting in Death
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