ANALISIS YURIDIS PENJATUHAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PENGANIAYAAN YANG MENGAKIBATKAN LUKA BERAT DITINJAU DARI PERATURAN PERUNDANG-UNDANGAN

Abstract

Persecution is an act of crime that is committed by deliberately damaging the health of others so that a person experiences injuries or illnesses in someone's body. This persecution is also usually carried out because of a grudge or feeling degraded by others. The purpose of this study is to find out and analyze the application of criminal sanctions against perpetrators of criminal acts of persecution that result in serious injuries according to several laws and regulations, to find out and analyze if the criminal sanctions imposed by judges are in accordance with the purpose of the crime and based on justice, and to analyze the judge's legal considerations in imposing a verdict on the crime of persecution that results in serious injuries in Decision Number 136/Pid. B/2019/PN Tng. The research method used is a normative juridical approach, with primary, secondary, and tertiary legal sources. The results of the research in the application of punishment to the perpetrators of the crime of persecution that caused serious injuries in this case, according to the author of the public prosecutor, have been correct in determining the indictment. Crimes that cause suffering to the victim, which result in not only physical suffering but also mental and psychological, must be given more attention by law enforcement officials. Besides that, the judge is very appropriate in making considerations based on several existing elements. Based on the existing facts, the perpetrator has legally and convincingly committed the criminal act of "persecution that causes serious injury" as regulated and criminally threatened in article 351 paragraph (2) of the Criminal Code with a prison sentence of 2 (two) years and 8 (eight) months.

Keywords: Criminal, Persecution, Serious Injury