Criminal Responsibility Analysis of Perpetrators of Assault Resulting in the Loss of Other Lives based on Justice (Case Study of Decision Number 988/Pid.B/2017/PN Smg)

Abstract

The phenomenon of the crime of abuse is not new when it comes to physical and psychological violence and can be found anywhere. The purpose of writing this research is to determine the criminal liability for perpetrators of the crime of abuse that results in the loss of another person's life, to determine the weaknesses of criminal liability for perpetrators of the crime of abuse that results in the loss of another person's life, and to determine the criminal liability for perpetrators of the crime of abuse that results in the loss of another person's life based on justice. The research approach used in this research is through a normative legal approach using secondary data obtained through literature studies, then data analysis is carried out using qualitative descriptive analysis. Based on the results of the study, the criminal liability for abuse that results in the loss of another person's life is regulated in Article 351 Paragraph (3), Article 353 Paragraph (3), Article 354 Paragraph (2), Article 355 of the Criminal Code. There are weaknesses in the criminal liability of perpetrators of criminal acts of abuse resulting in death which can be seen from the legal substance, legal structure, and legal culture. Criminal liability for perpetrators of criminal acts of abuse resulting in the death of another person based on decision number 988/Pid/B/2017/PN Smg the judge has sentenced based on Article 351 Paragraph (3) of the Criminal Code with a prison sentence of 1 year and 4 months. The sanctions imposed by the judge on the defendant were inappropriate because the judge was not careful in reading the results of the victim's Visum et Perum. The sanctions imposed by the judge do not reflect a sense of justice.