Analisis Yuridis Mengenai Kejahatan terhadap Kemerdekaan Orang Lain (Studi Putusan Pengadilan Negeri Medan Nomor: 1851/PID.B/2020/PN MDN)

Abstract

Every human being has the right to get his rights, both in terms of where he lives and works. Even humans also get the right to independence over themselves, where we can feel the freedom to live without pressure and threats from other parties. As long as we do not violate the norms and rules of law that govern, we are entitled to freedom for ourselves. But at the present time, humans are starting to get out of the norms and rules of law that apply in order to achieve a desire so that everything will be easily done in various ways, including committing a crime by committing deception, so that someone is easily entangled with the intended purpose. The case that occurred in Medan District Court Decision Number 1851/Pid.B/2020/PN Mdn concerning crimes against the independence of others, which came from the Tanjung Balai area of North Sumatra, The problems raised in this study, namely how the rule of law and criminal responsibility for the independence of others as well as the analysis of criminal law regarding crimes against the independence of others in the Medan District Court decision Number 1851/Pid B/2020/PN Mdn. To find answers to these problems, this research uses a type of normative legal research that is analytical and descriptive in nature, where this normative legal research uses secondary data as the main data by using data collection techniques carried out by means of library research and supported by field study techniques, as well as data analysis. using qualitative data analysis methods. The rule of law regarding the independence of other people is regulated in the old penal code in Chapter XVII from Article 324 to Article 337, and the new/national penal code (Law Number 1 of 2023) is regulated in Chapter XIX from Article 446 up to Article 456, while crimes against the freedom of others are regulated from Article 28 to Article 28J and Law Number 39 of 1999 (HAM) from Article 1 and Article 17. Meanwhile, in the International Conversion of Human Rights, Article 1, Article 4, Article 5, Article 13, Article 14, and Article 15 Liability for criminal acts against other people's independence, namely crimes related to human rights or a person's right to move freely to fulfill interests in society, which consists of two (two) principles, the principle of movement that must be respected and the principle of public order, Analysis of the Medan District Court Decision Number 1851/Pid.B/2020/PN. Mdn regarding the case of a crime against the independence of another person whose defendant named Susanto Als Ayong was sentenced to imprisonment for 3 (three) months and 12 (twelve) days of detention on the grounds that the defendant had a polite attitude and regretted his actions, because the judge has authority under the law Judicial Power Number 48 of 2009.