Analisis Yuridis Penjatuhan Sanksi Pidana Terhadap Pelaku Tindak Pidana Penganiayaan Dengan Penyertaan (Studi Putusan Nomor 12/Pid.B/2022/PN Tul)

Alfarizi, Ramadhani Salman (2027) Analisis Yuridis Penjatuhan Sanksi Pidana Terhadap Pelaku Tindak Pidana Penganiayaan Dengan Penyertaan (Studi Putusan Nomor 12/Pid.B/2022/PN Tul). Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

This research was motivated by a criminal verdict of assault with aggravating circumstances in Decision Number 12/Pid.B/2022/PN Tul, which stated that the defendants were acquitted of all charges brought by the Public Prosecutor. The judge's consideration in the verdict explained that the evidence in the form of witness testimony and documentary evidence presented was not consistent, so that the elements of assault in the verdict were not fulfilled. This study aims to determine and analyze the fulfillment of the elements of the criminal act of assault with participation and the judge's considerations in acquitting the defendants in Decision Number 12/Pid.B/2022/PN Tul. This study uses a normative juridical research method with a legislative approach, a case approach, and a conceptual approach. The results of this study state that the evidence in the form of witness testimony and documents presented are consistent with each other and, using the theory of evidence, the defendants should have fulfilled the elements in Article 351 paragraph (1) in conjunction with Article 55 paragraph (1) of the Criminal Code. The panel of judges handed down their verdict to the defendants by considering both legal and non-legal aspects. The verdict stated that the defendants should have fulfilled the elements of Article 351 paragraph (1) in conjunction with Article 55 paragraph (1) of the Criminal Code and were sentenced in accordance with Article 351 paragraph (1) of the Criminal Code.

Item Type:

Thesis (Undergraduate)

Contributors: