PERTANGGUNGJAWABAN PELAKU TINDAK PIDANA DENGAN KEKERASAN MELAWAN PEJABAT YANG SEDANG MENJALANKAN TUGAS (Studi Putusan Nomor : 157/Pid.Sus/2023/PN.Gns)

Abstract

Law enforcement is the foundation for protecting the interests of society, but its implementation is often not in line with the state's goal of maintaining security and order. Facts show that there is a mismatch between the expectation of legal protection and the reality in society. The focus of this research is on the liability of perpetrators of criminal acts of violence against officials who are carrying out their duties. One of the criminal offenses that often occurs in the community is the crime of violence. Violence is an act that uses physical force that results in a person being forced to be physically helpless, while the threat of violence is a concrete form of violence that has not yet been carried out but has succeeded in causing fear and anxiety because it will actually be realized. One of the forms of criminal acts with violence against officials who are carrying out their duties is in decision Number 157/Pid.Sus/2023/PN.Gns where the defendant is threatened with threats in Article 214 paragraph (1) of the Criminal Code. The formulation of the problem in this study is the factors causing the perpetrators of criminal acts of violence against officials who are carrying out their duties and the liability of perpetrators of criminal acts of violence against officials who are carrying out their duties (Study of Decision Number 157/Pid.Sus/2023/PN.Gns). The results of the research and discussion show that the factors causing the perpetrators of criminal acts of violence against officials based on Decision Number 157/Pid.Sus/2023/PN.Gns are following the masses who are throwing stones at the police car until it breaks. The responsibility of the perpetrator of the crime of violence against an official who is carrying out his duties based on decision Number 157/Pid.Sus/2023/PN.Gns is to punish the defendant with imprisonment for 1 (one) year.