Analisis Yuridis Terhadap Proses Pembuktian Dalam Perkara Tindak Pidana Penganiayaan Yang Mengakibatkan Luka Berat Putusan Nomor: 224/pid.B/2019/PN Prp

Lubis, Alfi Novriadi (2022) Analisis Yuridis Terhadap Proses Pembuktian Dalam Perkara Tindak Pidana Penganiayaan Yang Mengakibatkan Luka Berat Putusan Nomor: 224/pid.B/2019/PN Prp. Other thesis, Universitas Islam Riau.

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Abstract

Persecution is an act that cannot be removed from society. Persecution consists of various actions, including beatings and physical violence. Where these things often cause an injury to the physical part of a person, these things often make a person experience death. Apart from that, persecution also causes an effect on a person's psyche such as trauma, threats, and also does not rule out the possibility that a person can experience mental and mental disorders caused by an act of abuse committed by someone. Persecution is not only an act of physical and psychological violence which we can see and encounter in the wider community such as in public places, family circles, and also in other places. But in principle, persecution is not something that just happens. These actions may occur as a result of several factors, including the scope of the association, the nature of delinquency, acts of thuggery, attitudes of dislike in social life, pressure, the occurrence of economic inequality, disharmony in relationships in the household and also relationships with other people, the creation of competition, frequent conflicts of interest, and so on. This type of research can be classified in the type of sociological law research (empirical), because in this study the author directly conducts research on the location or place under study in order to provide a complete and clear picture of the problem being studied. The conclusions that can be drawn from the results of the study are: First, the application of Article 49 of the Criminal Code to an acquittal in the case of a criminal act of torture that resulted in serious injuries. The verdict Number 224/Pid.B/2019/PN.Prp was carried out based on legal facts, both statements from witnesses. , the defendant's statement, letters, and the existence of evidence. The panel of judges based their decision on the provisions of Article 49 number of the Criminal Code in imposing sanctions on the defendant, by relieving the defendant of all matters included in the applicable sentence (ontslag van rechtsvervolging). The judge who decided in this case also ordered the defendant to be released from detention, as well as to improve the rights of the accused in terms of his good name regarding his position, dignity and status in community life. Second, the basis for consideration of the panel of judges in deciding the case of the crime of torture resulting in serious injuries Decision Number 224/Pid.B/2019/Pn.Prp, namely Article 49 paragraph (1) of the Criminal Code, essentially describes an action called a forced defense (noodweer). . In this case, the panel of judges considered that the defendant, Mr. Hendra Effendi Bin Amril Hasan (late) committed acts of persecution against the victim, Mr. RAMDANI Als Dani Bin Yurnalis on the basis of a forced defense (noodweer).

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