Legal Analysis of Criminal Liability of Perpetrators of Violent Extortion

Abstract

Indonesia is a country of law as referred to in Article 1 paragraph (3) of the 1945 Constitution. Technological developments influence human behavior and mindset in national and state life, so that they have an impact on life, namely giving rise to treatment that is not in accordance with existing norms or regulations. One of the criminal acts and crimes that often occur in community life is violent extortion. This thesis aims to analyze the criminal liability of perpetrators of violent extortion and the analysis of the judge's considerations in handing down decisions in decision number 67/pid.B/2022/pn. Mgg. The approach method used in this study is the normative legal approach. The research specifications used are descriptive analysis, primary and secondary data sources and this research will be processed using qualitative analysis. The problem is analyzed with the theory of responsibility and the theory of justice. Based on the results of the study, criminal responsibility for the perpetrators of violent extortion in Decision Number 67 / Pid.B / 2022 / PN.Mgg has fulfilled the value of criminal responsibility in accordance with the provisions of actus reus and the provisions of mens, because these two elements have been fulfilled, then the criminal responsibility has been fulfilled so that based on these provisions the defendant must be responsible for his actions by undergoing a sentence or criminal sanctions. The judge's considerations in sentencing the criminal case in the Decision of the Criminal Case Number 67 / Pid.B / 2022 / PN.Mgg Defendant Achmad Rizky Pratama Alias Benjo Bin Anwar Achmad was sentenced to imprisonment for 1 (one) year 6 (six) months. because he was proven guilty of committing a crime contained in Article 368 paragraph (1) of the Criminal Code. The judge's consideration in applying criminal provisions to the perpetrator in this case has been appropriate where the judge has considered both legal and non-legal considerations, facts in the trial, witness statements, available evidence, the judge's beliefs and supporting matters and the criminal sanctions imposed.