Ketentuan Pidana terhadap Penganiayaan yang Menyebabkan Kematian

Abstract

The increasing phenomenon of maltreatment that occurs in the community raises concerns, especially if the maltreatment leads to death. Such crimes are influenced by various factors such as the psychological condition of the perpetrator, environmental factors, family factors and economic factors. Based on the background description, the problems studied are: What are the forms of maltreatment and what can be categorized as maltreatment that causes death, How is the criminal responsibility of the perpetrator of maltreatment that causes death, How is the criminal sentence imposed on the perpetrator of maltreatment that causes death based on Decision Number 1466K/Pid/2024, Decision Number 188/Pid.B/2023/PN Snt, Decision Number 239/Pid.B/2023/PN Dpk, Decision Number 26/Pid.B/2014/PN Atb, and Decision Number 2456/Pid.B/2024/PN Mdn. This research uses normative legal research, namely research that examines legal principles or principles. The approach in this research is a statutory approach and a case approach. The statutory approach is carried out by examining related laws and regulations. The data analysis method used is qualitative data analysis, as a result of data collection through primary, secondary and tertiary data. The conclusion in the study shows that the criminal provisions against maltreatment that causes death are regulated in Article 351 paragraph (3) of the Criminal Code. Where the resulting death is not the intention of the perpetrator. However, in practice, the application of this article often faces obstacles, especially in distinguishing between the elements of persecution causing death and the elements of murder. Persecution that results in death, the attack is carried out on a part of the body that is not classified as a part of the body that has a vital function and the injury caused is not a serious injury as referred to in Article 90 of the Criminal Code. Therefore, the presence of a Visum et Repertum is very important as evidence of the cause of death and maltreatment.