Analisis Putusan Hakim Terhadap Pelaku Tindak Pidana Penganiayaan Yang Mengakibatkan Luka Berat (Putusan Nomor 323/Pid.B/2019/PN.Psp)

Abstract

Law has an important role, especially in regulating life in society. However, in practice, the law is often violated, giving rise to a violation of the law. Like the case that occurred in Ledokombo District, Jember Regency. This case was decided by the Panel of Judges of the Jember District Court in Verdict Number 179/Pid.B/2020/PN. Jmr. In this decision, Defendant was sentenced to the medeplegen crime of committing premeditated murder under Article 340 of the Criminal Code Jo. Article 55 paragraph (1) 1st of the Criminal Code. This research focuses on two things. First, the indictment of the Public Prosecutor in Verdict Number 179/Pid.B/2020/PN. Jmr where the article applied is not in accordance with the actions of the Defendant in the crime of premeditated murder. Second, the judge's ratio decidendi in Verdict Number 179/Pid.B/2020/PN. Jmr is not in accordance with his criminal conviction. The purpose of this study is to adjust the indictment of the Public Prosecutor in Verdict Number 179/Pid.B/2020/PN. Jmr is reviewed from the actions of the Defendant and to adjust the judge's ratio decidendi in Verdict Number 179/Pid.B/2020/PN. Jmr in terms of a criminal conviction. This research uses normative juridical research methods. The research approach used is a statute approach and a conceptual approach. The results of this study are twofold. First, based on the position of the case, it shows that the actions of the Defendant did not meet the elements of the article regarding the criminal act of medeplegen, namely Article 55 paragraph (1) 1 of the Criminal Code because the Defendant was not physically involved when the murder was carried out. Second, based on the legal facts in the trial, the judge in his ratio decidendi explained that the Defendant did not participate in committing the murder but the judge stated that the Defendant's actions were a medeplegen crime. This explains the discrepancy between the ratio decidendi and the sentence imposed by the judge. It is hoped that this research will be useful for the Public Prosecutor and the Judge so that they can apply the article and convict in accordance with the actions of the Defendant and the facts revealed in the trial.