Legal Responsibility for Perpetrators of Criminal Acts of Assault (Study of Decision Number 5/Pid.B/2025/Pn Tpg)

Abstract

This study analyzes the construction of the crime of assault from the perspective of legal certainty and the perpetrator's responsibility based on Decision No. 5/Pid.B/2025/PN Tpg. The method used is normative legal research with a statutory, conceptual, and case approach. The results of the study indicate that assault as regulated in Article 351 of the Criminal Code is an act that causes physical and psychological suffering and must be accounted for. In the decision, the defendant was found guilty after all elements of the crime were proven through witness testimony, a post-mortem, and evidence, without any justification or excuse. The panel of judges applied the principle of geen straf zonder schuld, so that this decision reflects legal certainty, protects the victim, and fulfills the public's sense of justice.