ANALISIS YURIDIS PERTANGGUNGJAWABAN PIDANA DAN PENJATUHAN PIDANA TERHADAP PELAKU TINDAK PIDANA PENGANIAYAAN YANG MENGAKIBATKAN KEMATIAN

Abstract

A criminal act is a violation of a norm or legal order that is intentionally or unintentionally committed by the perpetrator. One of the criminal acts that occurred in this case was the Crime of Persecution which resulted in Death. As for the defendant, it is legally proven that according to law he had committed an assault that resulted in the death of the victim. In this case, the defendant's actions are subject to Article 351 paragraph 3 of the Criminal Code. The problems raised in this study are how is criminal responsibility for perpetrators of criminal acts of persecution that result in death based on Decision Number: 768/Pd.B/2019/PN Tng and how is the punishment for perpetrators of criminal acts of persecution that resulted in death based on Decision Number: 768/Pd. B/2019/PN. Mr. This type of research is normative juridical, the nature of the research is descriptive analysis so that the primary and secondary data are then analyzed qualitatively to obtain a conclusion that can be scientifically justified. In conclusion, the defendant is proven legally to have committed a criminal act of persecution that resulted in death so that the defendant can be held criminally responsible because the defendant fulfills the elements to account for his crime, and also the court did not find any reasons that could be used as excuses, justifications or excuses. elimination of other crimes as stipulated in the applicable law. As for suggestions to APH (Law Enforcement Apparatus), especially Judges and Public Prosecutors, they should be more careful in considering criminal liability for perpetrators of criminal acts. In order to be clear whether the perpetrator's actions can be criminally responsible or not, and also in considering the imposition of a criminal sentence, more attention must be paid to things that are aggravating or mitigating for the perpetrator and the impact arising from the perpetrator's actions.