The Criminal Responsibility for Perpetrators of Criminal Acts of Persecution That Cause Serious Injuries (Case Study Decision Number 255/Pid.B/2021/PN.Mjl)

Abstract

The criminal act of abuse is a form of crime that often occurs in society, this occurs along with the development of technology and intense interaction accompanied by the individualistic nature of humans where as social creatures humans always interact and need fellow humans as individuals. One example of the case studied is the case of PN bin Alm Kasim, a resident of Bojong Slawi Village, Loh Bener District, Indramayu Regency based on Decision Number 255/Pid.B/2021/PN Mjl who was proven to have abused the victim Sutinah binti Catu, whose former victim was The wife of the defendant PN bin Alm Kasim as a result of the action suffered a torn wound on the right side of her neck and could not move her right hand and according to the doctor the victim suffered an injury to her right hand.  The approach method used is normative juridical, namely a library legal research carried out by examining library materials. Writing specifications use descriptive analysis, the sources and types of data used are primary and secondary data. Data collection method by collecting data using secondary data collection methods. The problem is analyzed using the theory of criminal responsibility and the theory of legal protection. Decision Number 225/Pid.B/2021/PN Mjl which is based on the facts revealed at the trial that the criminal act of torture committed by the Defendant resulted in serious injuries to the victim as mandated by statutory regulations. The form of criminal responsibility for the perpetrators of criminal acts of abuse must first be seen from various aspects. This action clearly violates Article 351 paragraph 1 of the Criminal Code, with all the elements contained therein being fulfilled. The defendant PN bin Alm Kasim was unable to put forward a forgiving reason to mitigate the mistake he had committed. The Panel of Judges decided to sentence the defendant to 2 years and 6 months in prison. This sentence was not simply a form of sanction, but rather as an educational and coaching step for the perpetrator. Victims of abuse are basically the parties who suffer the most in a criminal act, because they do not receive the protection provided by law to perpetrators of abuse, victims are categorized as evidence that provides information, namely only as witnesses, so there is little possibility for victims to obtain freedom to fight for their rights. Legal protection is a form of enjoying life in which the life of a person and society is guaranteed to fulfill their rights by law. If someone has a problem and they feel they have been harmed by someone else, the law will provide protection.