PERTIMBANGAN HAKIM DALAM PENJATUHAN PIDANA BAGI PELAKU TINDAK PIDANA PENGANIAYAAN GUNA MEMBELA DIRI YANG BERAKIBATKAN TIMBULNYA LUKA FISIK (STUDI PERKARA NOMOR 72/PID.B/2020/PN.ENR)

Abstract

The crime of persecution is regulated in Article 351 of the Criminal Code. In the occurrence of criminal acts of persecution there are forced defense efforts from victims of abuse. This is regulated in Article 49 Paragraph (1) and (2) of the Criminal Code. An example of the crime of persecution is found in decision number 72/pid.b/2020/PN.Enr. Objectives: 1) Analyze the judge's considerations in imposing a sentence on the perpetrators of the crime. 2) Analyze the application of the sentence on the perpetrators of the crime. The type of research used is normative juridical; data sources using secondary data; data collection techniques with document studies; data analyzed qualitatively. The results of the study: 1) The judge's considerations in imposing a sentence on the perpetrator of a crime are in the form of juridical and non-juridical considerations; 2) In the criminal case number 72/pid.b/2020/PN.Enr against the perpetrators, the panel of judges made a decision to acquit the defendant from all lawsuits. Keywords: judge's consideration, persecution, self-defense, physical injury.