Implementation of Criminal Sanctions Against Perpetrators of Crimes of Persecution (Case Study Decision Number: 2/Pid.B/2023/PN.Smg)

Abstract

The criminal of abuse is an unlawful act committed by someone against another person with the intention of causing physical or mental harm. Providing criminal sanctions for perpetrators of criminal acts, especially criminal acts of abuse, is necessary in order to provide a deterrent effect for the perpetrators and it is hoped that they will not repeat acts of abuse against other people or groups in order to create a peaceful, safe and peaceful order in the community, especially. This thesis aims to examine and analyze: First, the application of criminal sanctions against perpetrators of criminal acts of abuse, second, the judge's considerations in applying sanctions to perpetrators of criminal acts of abuse in the Semarang District Court. The research method used in this research is a normative juridical approach. The research specifications used are normative descriptive, primary and secondary data sources and use qualitative analysis. This writing analyzes the problems analyzed using legal interpretation theory and punishment theory. Based on the results of research, the application of criminal sanctions to perpetrators of criminal acts of abuse as regulated in the Criminal Code Article 351 paragraph (1) concerning Persecution, begins with the Public Prosecutor's Indictment, which charges a single charge. The basis for the examination in court is the Public Prosecutor's Indictment letter, then the Panel of Judges conducts an examination of the indictment, in order to prove whether the Defendant has committed the criminal act as stated in the article charged by the public prosecutor, whether the description of the Defendant's actions is true, which will be proven based on the law. The panel of judges' considerations in their decision, the panel of judges in their examination used the theory of evidence and punishment, where in the Aquo case the panel of judges will prove the elements contained in Article 351 paragraph (1) concerning Persecution as in the public prosecutor's indictment, then examine the statements of the witnesses linked to the Defendant's statement and documentary evidence so that the facts of the trial will be obtained and evidence will be obtained that agrees with each other and corroborates each other.