PENERAPAN PIDANA TERHADAP KELALAIAN YANG MENYEBABKAN MATINYA ORANG AKIBAT PAGAR YANG DIALIRI LISTRIK (STUDI PUTUSAN NOMOR: 103/Pid.B/2013/PN.SKG)
Abstract
ABSTRACT
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Negligence that causes the death of a person is regulated in Article 359 of the Criminal Code. One case occurred in South Sulawesi in 2013. There were cases of death due to being hit by an electric fence caused by someone's negligence. The problems formulated by the author are: (1) How does the criminal application of negligence cause the death of a person due to a fence electrified by case Number: 103 / Pid.B / 2013 / PN.SKG? (2) What is the judge's judgment in applying the crime to negligence which causes the death of a person due to an electric fence in case Number: 103 / Pid.B / 2013 / PN.SKG ?. This study uses a normative approach. The data used was secondary data. Data collection techniques used by the author were document studies. The data was processed then analyzed in a qualitative way. The conclusions from this study are: (1) the criminal application imposed on A is 1 (one) year imprisonment and (2) the consideration of the judge in A in this case is by juridical considerations (juridical facts in court) and non-juridical ( sociological conditions of the defendant).
Keywords: Application, Criminal, Negligence, Electricity
References
DAFTAR PUSTAKA
A. Peraturan Perundang-Undangan
Undang-Undang Nomor 1 Tahun 1946 Tentang Peraturan Hukum Pidana.
Undang-Undang Nomor 8 Tahun 1981 Tentang Kitab Undang-Undang Hukum Acara Pidana (KUHAP).
