Criminal Responsibility for Perpetrators of Crimes of Violence and Assault Jointly in Kediri Regency

Abstrak

Joint acts of violence are regulated in the Criminal Code (KUHP), specifically in Article 170. This article explicitly threatens the perpetrator with a maximum prison sentence of five years and six months, with a heavier threat if the violence results in injuries, serious injuries, or even death. The objectives of this study: 1). To determine and analyze the enforcement of criminal law against perpetrators of joint acts of violence and abuse in Kediri Regency; 2). To determine and analyze the obstacles to criminal law enforcement against perpetrators of joint acts of violence and abuse in Kediri Regency. This research uses a sociological juridical approach, with a descriptive analytical research method. The data used are primary and secondary data, which will be analyzed qualitatively. The research problem is analyzed using Lawrence's legal system theory, the Theory of Criminal Responsibility. The results of the study concluded that: 1) Criminal liability for perpetrators of crimes of violence and assault together in Kediri Regency, which is regulated in Article 262 of the National Criminal Code (Law No. 1 of 2023), faces significant challenges in its implementation. Each participant can be held individually accountable according to the level of involvement and the consequences caused. The implementation of the Article is by applying the principle of inclusion (deelneming) and independent accountability where each person in the group is tested for the level of error and their role; 2). Obstacles to criminal liability for perpetrators of crimes of violence and assault together in Kediri Regency, namely low public legal awareness, slow response of law enforcement officers, limited evidence, to inequality of access to justice are real challenges in the law enforcement process. On the other hand, internal factors of legal institutions, such as the lack of professionalism of officers and weak internal supervision, also affect the effectiveness of the process of taking action against perpetrators of assault. Solution: it is necessary to take comprehensive strategic steps, starting from strengthening the capacity of law enforcement officers, increasing legal education for the community, to improving the regulatory system that supports a fair and fast legal process. Strengthening inter-agency cooperation and implementing a restorative justice-based approach can also be an alternative option in resolving abuse cases while still guaranteeing the rights of victims.