Legal Responsibility for Perpetrators of Criminal Acts of Threats (Study of Decision No. 29/PID.B/2025/PN TNN)

Abstract

This research is motivated by the growing forms of criminal threats that occur not only physically but also through digital media in line with technological advances. This phenomenon poses a danger to the sense of security within society and demands the assurance of legal certainty and justice in the enforcement of criminal law. Therefore, this study aims to analyze the construction of the criminal act of threat within the concept of legal certainty and to examine the legal responsibility of the perpetrator based on Decision Number 29/Pid.B/2025/PN Tondano. This research employs a normative (doctrinal) legal research method with several approaches, namely the statute approach, case approach, and conceptual approach. The analysis was conducted qualitatively to identify the application of legal norms to the factual circumstances revealed during the trial. This normative approach was chosen to ensure that the discussion of the criminal liability of perpetrators of threats is examined systematically, logically, and in accordance with the prevailing principles of criminal law. The findings of this study indicate that the criminal act of threat constitutes a formal offense, which is considered complete once the threat is made and induces a real sense of fear in the victim, without requiring any physical consequences. The Panel of Judges in Court Decision Number 29/Pid.B/2025/PN Tondano declared that the defendant was legally and convincingly proven guilty of committing the crime of threat and sentenced him to one (1) year of imprisonment. This decision reflects the application of the principles of nullum crimen sine lege and nulla poena sine lege, ensuring legal certainty while demonstrating a balance between substantive justice, victim protection, and offender rehabilitation. Therefore, this research is expected to contribute academically to the development of Indonesian criminal law that upholds justice and promotes the protection of human rights.