ANALISIS YURIDIS MENGENAI TINDAK PIDANA PENGANIAYAAN TERHADAP HEWAN (Studi Putusan Nomor 22/Pid.B/2019/PN.Bsk

Abstrak

Mistreating animals is an unlawful act, animals are also God's creatures that have the right not to be tortured, unlawful acts are referred to as elements of every crime. with the act of cruelty to animals, it is fitting for the perpetrators of animal abuse to be given a sentence commensurate with their actions. The problems raised in this study are how is the responsibility for criminal acts of mistreatment of animals based on Decision Number 22/Pid.B/2019/PN.Bsk and What is the basis for judges' considerations of criminal acts of mistreatment of animals based on Decision Number 22/Pid.B/2019/ PN. Bsk. The type of research is Juridical Normative, the nature of the research used is Descriptive Analysis, so that the secondary data is then analyzed qualitatively so as to obtain answers that can be accounted for scientifically. The theoretical framework in this study refers to the Criminal Theory, the Legal Certainty Theory, the Legal Benefit Theory, the Legal Justice Theory and the Legality Principle. The things found in this study and the conclusion are that the criminal responsibility of the perpetrator in the crime of mistreatment of animals is borne by the perpetrator if the person concerned has been proven to have committed a crime beforehand and fulfills the element of guilt and there is no mitigating reason and eliminates the crime that has been committed. he did. As well as the basis for the judge's considerations in determining the defendant as the perpetrator that the defendant has been proven to have violated Article 302 paragraph (2) of the Criminal Code, the defendant has been proven legally and convincingly guilty of committing the crime of mistreatment of animals so that the judge sentenced him to imprisonment for 3 (three) months. The suggestion is that the Panel of Judges can reconsider it according to the facts which prove that the victim is the owner of the animal, does not supervise and care for it properly and can make it one that can relieve the accused and the perpetrators who committed the crime of mistreating and violence against animals and the perpetrators are obliged to be held accountable for the mistakes that have been made by the perpetrators which have made society uneasy and harmed others.