Analisis Perbuatan Melawan Hukum dalam Putusan Pengadilan Negeri Medan No. 3135/Pid.B/2014/Pn.Mdn

Abstract

ABSTRACT In everyday life transactions often occur between people. These transactions have legal consequences. A transaction is an act. Acts against civil law with actions against criminal law differ in terms of context, both actions, and responsibilities. Likewise with accountability, criminal liability is a sanction of imprisonment, while civil liability is compensation or the performance of an agreement. The settlement of the case was different, the settlement of the civil case was settled through a civil suit, while the resolution of the criminal case was submitted by the Police Report. In this study, it will review and analyze court decisions which are supposed to be civil cases, but the solution taken is criminal law, so that the final result of the panel of judges states that the defendant's actions are not criminal. The decision is the Medan District Court Decision No. 3135 / Pid.B / 2014 / PN.Mdn., Which has permanent legal force (inkracht). Problems in this study include differences in acts against civil law and acts against criminal law; withdrawal of acts against civil law into acts against criminal law; and analysis of acts against the law in the Medan District Court Decision which is the object of this study. So this research is entitled: "Analysis of Acts Against the Law in Medan District Court Decision No. 3135 / Pid.B / 2014 / PN.Mdn”. This research is a normative juridical research using secondary data. Data were collected using literature study techniques, while decisions were obtained from the Registrar of Medan District Court. The data collection tool consists of document studies using qualitative data analysis. Drawing conclusions in a deductive way. The results showed that: the act against criminal law lies in the intention of the perpetrators, while the act against the civil law is in violation of individual interests; The occurrence of settlement of civil cases by criminal means due to the stigma of the community which considers the resolution of civil cases takes a long time and high costs; and in the Medan District Court Decision which was made the object of this study, the judge was right and correct in making decisions that gave consideration that the case was a civil case, so the defendant's actions were not criminal. Keywords: Actions against civil law; acts against criminal law; Decision of the Medan District Court