PERTANGGUNGJAWABAN PELAKU TERHADAP TINDAK PIDANA KEJAHATAN KEAMANAN NEGARA (Studi Putusan No 559/Pid.B/2017/PN Byw)

Abstract

ABSTRACT

 

Crimes against state security (spreading the theaching of Communism, Marxism-Leninism) in case No. 559/Pid.B/2017/PN Byw the defendant was proven to have committed a crime that is regulated in Article 107 of Law No. 27 of 1999 concerning Amendement to thw Law Law Crimes Related to Crimes Against State Security. Formulations of the problem (1) what is the responsibility of the perpetrators of crime against state security in decision No. 559/Pid.B/2017/PN Byw?  (2) How is the judge’s judgment in imposing a criminal act against a criminal against State security in decision No. 559/Pid.B/2017/PN Byw?. This research uses a normative juridical approach. Data sources consist of secondary data using primary legal materials and secondary legal materials. Data collection techniques were carried out with document studies and the data were analyzed qualitatively. Conclusions (1) Criminal liability towards the perpetrators of crime in state security. The defendant has violated article 107 a of Law No. 27 0f 1999 concerning Amendement to the Criminal Law Act concerning State Security Crimes. The elements have been fulfilled based on legal facts both through the statements of witnesses, experts, information of the defendant and the evidence presented at the trial so that the defendant was sentenced to 10 months. (2) Based on the judge’s consideration in the decision No 559/Pid.B/2017/PN Byw, before giving the judge’s ruling first consider various judicial and non judicial.  

Keywords: Responsibility, Criminal, Crime State Security