ANALYSIS OF CRIMINAL RESPONSIBILITY OF PERPETRATORS OF TORTURE WHICH RESULT IN THE LOSS OF OTHER PEOPLE'S LIVES BASED ON JUSTICE (Case Study Decision Number 988/Pid.B/2017/PN Smg)

Abstract

The crime of abuse is a form of legal violation that often occurs in society. Persecution often also causes psychological impacts on victims, such as trauma, fear, threats, and sometimes victims of abuse even die. The phenomenon of criminal acts of abuse is nothing new when it comes to physical and psychological violence and can be found anywhere. The purpose of writing this research is to determine criminal responsibility for perpetrators of criminal acts of abuse which result in the loss of other people's lives, to find out the weaknesses of criminal liability for perpetrators of criminal acts of abuse which result in the loss of other people's lives, and to find out criminal responsibility for perpetrators of criminal acts of abuse which result in loss of life. others are justice-based. The research approach used in this research is through a normative juridical approach using secondary data obtained through literature study, then data analysis is carried out using qualitative descriptive analysis. Based on research results, criminal liability for abuse that results in the loss of another person's life is regulated in Article 351 Paragraph (3), Article 353 Paragraph (3), Article 354 Paragraph (2), Article 355 of the Criminal Code. There are weaknesses in the criminal liability of perpetrators of criminal acts of abuse that result in death, which can be seen in terms of legal substance, legal structure and legal culture. Criminal liability for perpetrators of criminal acts of abuse that cause the death of another person is based on decision number 988/Pid/B/2017/PN Smg the judge has sentenced him based on Article 351 Paragraph (3) of the Criminal Code with a prison sentence of 1 year and 4 months. The sanctions imposed by the judge on the defendant were inappropriate because the judge was not careful in reading the victim's Visum et Perum results. The sanctions imposed by the judge do not reflect a sense of justice.