Penerapan Pidana Terhadap Pelaku Penganiayaan Atas Dasar Visum Et Repertum (Studi Putusan No.2473/Pid.B/2018/Pn.Mdn)

Abstract

Criminal acts or crimes as actions committed by humans always experience developments in society. Change can happen slowly or quickly. This research aims to determine the application of criminal law against perpetrators of persecution on the basis of visum et repertum in case decision No.2473 / Pid.B / 2018 / PN MDN and to determine the basis for judges' considerations in deciding criminal verdict No.2473 / Pid.B / 2018 / PN MDN regarding the criminal act of persecution based on the Visum Et Repertum. The type of study writing is normative law using normative case studies in the form of products of legal behavior, for example reviewing laws. The main point of the study is that law is conceptualized as a norm or rule that applies in society and becomes a reference for everyone's behavior so that normative legal research focuses on the inventory of positive law, legal principles and doctrines, legal discoveries in concrete cases, legal systematics, level of synchronization, comparative law, and legal history. The results of this study indicate that the application of criminal law against perpetrators of persecution on the basis of visum et repertum in case decision No.2473 / Pid.B / 2018 / PN MDN was carried out based on legal facts, both testimony of witnesses, statements of defendants, letters, and the existence of evidence. In the case which the author discusses here, the violation of the criminal provisions of Article 351 paragraph (1) of the Criminal Code is applied. The charge submitted by the public prosecutor in the indictment was fulfilled in all its elements, namely stating that the defendant Maysarah Harahap, Sp. was legally and found guilty of committing a criminal act of "persecution" and was sentenced to 4 (four) months in prison.