Tinjauan Yuridis Tindak Pidana Pengancaman Disertai Kekerasan Dalam Perkara Putusan No.71/Pid.Sus/2018/PN.Bsk

Sakti, Surya Prima (2020) Tinjauan Yuridis Tindak Pidana Pengancaman Disertai Kekerasan Dalam Perkara Putusan No.71/Pid.Sus/2018/PN.Bsk. Other thesis, Universitas Islam Riau.

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Abstract

ABSTRACT Threats accompanied by violence are often underestimated by the community, where even though the impact on the victim is very detrimental because it is a crime against someone's human rights, therefore a punishment is needed to be given to the perpetrator so that the perpetrator is deterred and does not do it again and is an example in Public. Punishment is a legal consequence of having committed a violation of legal norms. Sentencing a case cannot be separated from the trial process in order to reveal the true facts. The process of evidence by the public prosecutor and consideration in making decisions by the judge played an important role in the imposition of sentences. The main problem is how is the proof by the public prosecutor in the criminal act of threats accompanied by violence in the case of decision No.71 / Pid.Sus / 2018 / PN.BSK and how is the judge's consideration in deciding the criminal act of threatening accompanied by violence in the case of decision No.71 / Pid.Sus / 2018 / PN.BSK. The type of research used is normative legal research, which is examining library materials / secondary data by examining, discussing, and studying the object under study, namely studying the case decision No.71 / Pid.Sus / 2018 / PN.BSK. And the research is descriptive in nature, which can describe a complete reality regarding the evidence by the public prosecutor and the judge's consideration in the case of decision No.71 / Pid.Sus / 2018 / PN.BSK. The results of this study explain that the public prosecutor in proving the defendant's guilt has submitted valid evidence and has met the minimum principle of proof and adheres to the provisions stipulated in the Indoensia Criminal Procedure Code (KUHAP). So that in proving criminal cases of threats accompanied by violence in case No. 71 / Pid.Sus / 2018 / PN.Bsk has strong evidentiary power. Judge's legal considerations in the decision of case No. 71 /Pid.Sus / 2018 / PN.Bsk is appropriate and holds on to the Indonesia Criminal Procedure Code (KUHAP) but the author feels that punishment is not quite right, because the facts in the trial are two valid evidence. plus one piece of evidence and the defendant did not object to the indictment, did not present a mitigating witness (a de charge) and did not submit a defense, of course it can be used as a basis for consideration by the judge in imposing an even harsher criminal sentence.

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