Legal Analysis of the Application of Criminal Sanctions Against Perpetrators of the Criminal Acts of Obstruction of Justice

Abstract

The act of obstructing the judicial process or (obstruction of justice) is an act of a person who obstructs the legal process, because this obstructing act is an unlawful act which is clearly breaking through and opposing law enforcement. The act of obstructing the legal process is a criminal act because it clearly hinders law enforcement and damages the image of law enforcement agencies. In the Criminal Code, this act is regulated in Articles 216-222 of the Criminal Code which stipulate that the actions of parties who obstruct the legal process can be punished. Specifically, Article 221 paragraph (1) number 1 of the Criminal Code states that anyone who commits an act of obstructing the legal process shall be punished and threatened with a maximum imprisonment of nine months. Regarding the author's purpose in reviewing this discussion, namely to find out, understand, and analyze the application of criminal sanctions against perpetrators of the crime of Obstruction of Justice in the DKI High Court Decision Case Number 65 / Pid.Sus / 2023 / PT DKI. And the Judge's Considerations in Imposing Criminal Sanctions Against Perpetrators of the Crime of Obstruction of Justice in the DKI High Court Decision Case Number 65/Pid.Sus/2023/PT DKI. This research method is a type of normative research. Normative legal research is studying laws conceptualized as norms or rules that apply in society, and become a reference for everyone's behavior. Or with the term normative juridical because in legal research must also examine its legal basis. Normative legal research or literature includes: Research on legal principles, Research on legal systematics, Juridical Review Of The Implementation Of Criminal Sanctions Against Performers Of The Criminal Act Of Obstruction Of Justice 2 Comparative law, Legal history, Research on the level of vertical and horizontal synchronization. The responsibility for criminal sanctions against perpetrators of the Criminal Act of Obstruction Of Justice in the DKI High Court Decision Case Number 65 / Pid.Sus / 2023 / PT DKI which is carried out jointly is based on elements of criminal responsibility such as the existence of a criminal act committed in violation of the law, there is an element of error in the form of dolus intent or negligence culpa, the existence of a maker who is capable of being responsible, and there is no excuse. The criminal responsibility of perpetrators of the crime of obstruction of justice which is carried out jointly must take into account the role of each perpetrator, whether the perpetrator, the person who ordered the act, the person who helped to commit it, and the person who encouraged the act. The research results show that: 1.The responsibility for criminal sanctions against the perpetrators of the Crime of Obstruction of Justice in the DKI High Court Decision Case Number 65/Pid.Sus/2023/PT DKI which is carried out jointly is based on the elements of criminal responsibility such as the existence of a crime committed in violation of the law, there is an element of error in the form of dolus intent or negligence culpa, there is a maker who is capable of being responsible, and there is no reason for forgiveness. The criminal responsibility of the perpetrators of the Crime of Obstruction of Justice which is carried out jointly must pay attention to the role of each perpetrator, whether the maker, the person who ordered it to be done, the person who helped to do it, and the person who encouraged it to be done.. 2.Defendant Hendra Kurniawan was named in an obstruction of justice case for allegedly diverting attention from the death of Brigadier Nofriansyah Yosua Hutabarat at the official residence of former Head of the National Police's Propam Division, Ferdy Sambo. Hendra, the former Head of the National Police's Internal Affairs Bureau, had followed Sambo's orders to handle the case internally.