TINJAUAN YURIDIS TINDAK PIDANA PENGANIAYAAN TERHADAP PEJABAT NEGARA YANG SEDANG MENJALANKAN TUGAS YANG SAH DI INDONESIA

Tengku Reviandi Wahyu Samudra, Davit Rahmadan, Ferawati Ferawati

Abstract


Crimes against the body and crimes against the life or commonly known as abuse and
murder. The act of persecution is one of the phenomena that is difficult to disappear in social life.
One of them is the mistreatment of officers who carry out their legal duties. Supposedly if you
look at the legal rules contained in the Criminal Code, the perpetrator should get a heavier
sentence considering this is done against an official who is carrying out duties under the order of
the law or position, however the implementation of the weighting is not in accordance with the
rules that have been set. The objectives of this thesis are: First, to find out the legal arrangements
for the crime of mistreatment of an official when carrying out legal duties in Indonesia, Second,
to find out the imposition of sanctions against perpetrators of the crime of mistreatment of an
official when carrying out legal duties in Indonesia, Third, To find out the appropriate provisions
for criminal sanctions against perpetrators of criminal acts of persecution against an official
when carrying out legal duties in Indonesia. The author conducts research using normative
juridical methods or literature studies in order to obtain secondary data through documentary
studies, namely by studying and analyzing comparatively deductively on laws and regulations
with theories that have a relationship with the issues studied.
The results of this study, there are three main problems: First, How is the legal
arrangement regarding the criminal act of mistreatment of an official when carrying out legal
duties in Indonesia, Second, How is the imposition of sanctions against perpetrators of criminal
acts of persecution against an official when carrying out legal duties in Indonesia, Third, what
are the appropriate provisions for criminal sanctions against perpetrators of criminal acts of
persecution against an official when carrying out legal duties in Indonesia.
The author's suggestions in this study, Suggest that there are changes to the rules of
articles that require special explanations in cases of persecution of state officials who carry out
legitimate duties, Suggest that sanctions be imposed on perpetrators of persecution against state
officials who carry out legitimate duties with appropriate sanctions. severe, and lastly
recommends that appropriate sanctions be imposed on perpetrators of persecution against state
officials who carry out legitimate duties if the impact caused by the perpetrator is not too heavy
or light, it should be resolved through a restorative justice system.
Keywords: Crime-Abuse-State Officials

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