ANALISIS YURIDIS TERHADAP SANKSI BAGI PELAKU TINDAK PIDANA PENGANIAYAAN (PENGEROYOKAN) DALAM PERSPEKTIF HUKUM ISLAM DAN KUHP

Abstract

Abuse is a criminal act committed with the intention of injuring or abusing someone with the aim of causing pain to another person to the point that one of the limbs is not functioning or even to cause death. This is regulated in articles 351-358 of the Criminal Code. The case that the author encountered in the decision case Number 1041/Pid.B/2018/Pn.Jkt.Pst. made the writer interested in conducting research, then what are the judges' considerations in imposing a sentence on the perpetrators of the crime of persecution which was carried out by beatings? And how is the application of punishment for perpetrators of criminal acts of persecution in the perspective of Islamic law and the Criminal Code? The research method used in writing this thesis is normative juridical law research which is descriptive in nature and analysis which will be analyzed qualitatively to obtain conclusions that can be accounted for scientifically. Criminal theory and justice theory. The conclusion is that the public prosecutor has charged with an alternative indictment and demanded the defendant 1 year and 6 months, but the judge in his opinion sentenced him to 9 months, that Islamic law and criminal law both regulate persecution, even in Islamic law the punishment feels heavier than the criminal law. The suggestion is that the judge is expected to be observant in exploring this case and pass sentences according to applicable law and it is expected that in addition to understanding the Criminal Code it is also important for judges to understand Islamic law and judges are expected to look at the sense of justice from the victim's point of view, not only from the victim's perspective. It is hoped that the community will play an active role in creating security and not take the law into their own hands.