NURYADIN, ZUHRY AL RASHID HIDAYATULLAH (2026) DISPARITAS PEMIDANAAN PELAKU TINDAK PIDANA PENGANIAYAAN YANG MENYEBABKAN KEMATIAN (Studi Kasus Putusan Nomor 1026/Pid.B/2023/PN.SBY dan Putusan Nomor 454/Pid.B/2024/PN.SBY). Undergraduate thesis, UPN Veteran Jawa Timur.
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Abstract
Assault resulting in death is a crime against bodily integrity and human life that raises legal issues concerning the form of culpability attributable to the offender. In criminal justice practice, cases with similar characteristics often result in different judicial decisions, leading to sentencing disparities. This study employs a normative legal research method using statutory, case, and conceptual approaches. The purpose of this research is to examine the concept of dolus eventualis in assault resulting in death under Law Number 1 of 1946 concerning the Criminal Code and Law Number 1 of 2023 concerning the Criminal Code, as well as to analyze judicial considerations in Decision Number 1026/Pid.B/2023/PN.SBY and Decision Number 454/Pid.B/2024/PN.SBY. The findings indicate that dolus eventualis remains recognized as a form of intent in Indonesian criminal law, whereby the offender is aware of and accepts the possibility of a particular consequence arising from his or her conduct. The sentencing disparity in the two decisions is influenced by differences in judicial interpretation of culpability, the degree of violence, causation, and various juridical and non-juridical considerations. Therefore, clearer sentencing guidelines are necessary to ensure consistency in judicial decisions, legal certainty, and justice.
| Item Type: | Thesis (Undergraduate) | ||||||||
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| Subjects: | K Law > K Law (General) | ||||||||
| Divisions: | Faculty of Law > Departement of Law | ||||||||
| Depositing User: | Zuhry Al Rashid Hidayatullah Nuryadin | ||||||||
| Date Deposited: | 21 Jul 2026 05:10 | ||||||||
| Last Modified: | 21 Jul 2026 05:10 | ||||||||
| URI: | https://repository.upnjatim.ac.id/id/eprint/56394 |
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