CRIMINAL LIABILITY OF PERPETRATORS OF ABUSE THAT CAUSE SERIOUS INJURIES (ANALYSIS OF DECISION NUMBER 14/Pid.B/2016/PN. Bil)

Abstract

Given the many types of persecution regulated in the Criminal Code, of course, law enforcers, both investigators and judges must be careful and able to understand the criteria for persecution contained in the Criminal Code based on decision Number 14 / Pid.B / 2016 / PN. Bil. Therefore, it is very interesting and important to study more about how to solve the criminal act of perpetrators of abuse that causes serious injury? and whether the criminal liability of perpetrators of persecution who caused serious injury in Decision Number 14/Pid.B/2016/PN. Bil) is it in accordance with the provisions of laws and regulations? To answer these problems, normative juridical legal research methods are used with statutory and conceptual approach methods. Data obtained from primary, secondary, and tertiary legal material sources were collected which were then analyzed by qualitative data analysis techniques. From the results of the study, it was found that the approach or concept of restorative justice or restorative justice focuses more on the participation or direct participation of perpetrators, victims and the community in the process of solving criminal cases. There are two types of factors that trigger a person to commit acts of molesting someone that implicate serious injuries, namely internal and external factors. This decision is also based on the absence of reasons in his actions to be abolished under criminal law, both in the form of instruments that justify the intention to forgive related actions, because the defendant is proven to meet all elements stipulated in Article 351 paragraph 2 of the Criminal Code (KUHP)