PUTRA NAHAMPUN, NPM 2002400119 (2024) JURIDICAL REVIEW CONCERNING THE IMPLEMENTATION OF CRIMINAL ACTIONS IN THE JURISDICTION OF THE ROKAN HILIR POLICE AS SET FORTH IN KUHP 351 PARAGRAPH (1). Tugas_Akhir (Artikel) IJECK : International Journal of Economy, Computer, Law, Management and Communication, 2 (1). ISSN 2986-4852 (e-ISSN)
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Abstract
The purpose of this research is to find out about the implementation of criminal acts of criminals in the legal area of the Rokan Hilir Police which are regulated in Criminal Code 351 Paragraph (1). The decision handed down by the Rokan Hilir District Court Judge is in accordance with applicable laws and regulations, namely based on the Criminal Code and the provisions of the Criminal Procedure Law in Indonesia. This means that the judge has applied the law in accordance with statutory provisions. Where it relates to persecution, the analysis of Decision Number 534/Pid.B/2023/PN-Rhl, is that based on the existing legal facts the Defendant was declared to have legally committed the criminal act with which he was charged. The defendant has been charged by the Public Prosecutor with a single charge as regulated in Article 351 paragraph (1) of the Criminal Code, the element of which is Persecution. The law does not provide an explanation of mistreatment and does not mention the elements of the act of abuse itself. However, according to jurisprudence and doctrine, abuse is intentional and can cause pain or cause injury to another person's body. So someone who abuses another person must have an element of intention to: Cause pain to another person; Causing injury to another person's body or; Harm the health of others. based on the description of the facts that the Defendant's action of hitting the log towards the body of the victim witness Syafrizal alias Ijal, especially hitting the back of the head of the witness Syafrizal alias Ijal, causing swelling, is a form of action intended to cause pain and injury to the victim, thus this element has been fulfilled according to applicable law. Thus, it is stated that all the elements of Article 351 paragraph (1) of the Criminal Code have been fulfilled, then the Defendant is declared to have been legally and convincingly proven to have committed a criminal act, so the Defendant must be held accountable for his actions and must be sentenced to a crime. So the judge decided to sentence the defendant to imprisonment for 1 (one) year and 4 (four) months, and to pay all court costs in the amount of IDR 5,000 (five thousand rupiah); Keywords : Application of Law, Criminal Acts, Criminals
Item Type: | Article |
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Uncontrolled Keywords: | Application of Law, Criminal Acts, Criminals |
Subjects: | K Law > K Law (General) |
Divisions: | Fakultas Hukum > Hukum |
Depositing User: | Unnamed user with email repository@ulb.ac.id |
Date Deposited: | 07 Oct 2024 08:28 |
Last Modified: | 07 Oct 2024 08:28 |
URI: | http://repository.ulb.ac.id/id/eprint/1156 |
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