ANALISIS UNSUR KESALAHAN (MENS REA) TERKAIT TINDAK PIDANA PENGANIAYAAN (STUDI KASUS PUTUSAN NOMOR : 372/PID.B/2020/PN JKT.UTR)
Abstract
Cases of criminal acts of persecution continue to be in the public spotlight, this happens because
there are many cases of criminal acts of persecution that cause unrest in the community. Not only cases
of criminal acts of persecution that were carried out spontaneously, but also those that were planned
in advance and caused serious injuries. This study explains the problems regarding the application and
proof related to the element of error (mens rea) in the form of intentional and unintentional in Decision
Number: 372/Pid.B/2020/PN.Jkt Utr. As there is a discrepancy with the existing actus reus and causes
the element of error in the form of intentional turning into negligence. This is because there is no definite
basis that can be used in applying the element of error (mens rea) in cases of criminal acts of
persecution. This thesis will explore the application of the element of error (mens rea) in the case of
Decision Number: 372/Pid.B/2020/PN.Jkt Utr.
This type of research is normative legal research that uses case studies of literature in collecting
and searching data. In this study, the authors conducted research on legal theory, namely the theory of
criminal law policy and the theory of legal certainty. This research is a descriptive research, which is
a research method that describes the actual situation at the time of the research through data collection
which is then interpreted with each other so that the formulation and analysis of an existing problem is
obtained. Data analysis used by researchers in this study is qualitative data analysis, namely data
analysis that does not use statistics or other things, but researchers simply describe descriptively or
verbally based on the data obtained.
The results of this study can be concluded in two main things. First, the evidence and
application of the element of error (mens rea) by the Panel of Judges in the North Jakarta District Court
Decision Number: 372/Pid.B/2020/PN.Jkt.Utr is considered inappropriate. As in the proof and
application of the element of guilt (mens rea) in the case, the judge stated that the consequences of the
act were not included in the mens rea so that the act was considered as negligence. Meanwhile, the act
should have entered the realm of "deliberate" in which the Defendant was aware of the possibility of
other consequences but continued to commit his actions. This shows that there is an error in the
application of the element of error (mens rea) which leads to the absence of legal certainty in the
criminal law enforcement process. Second, the parameters that determine the emergence of the element
of error (mens rea) from each decision have a significant difference in applying the element of mens
rea. The absence of a definite basis results in the application of the mens rea element not having legal
certainty. The absence of legal certainty is certainly very contrary to criminal law policies which are
supposed to provide certainty, justice, and benefits.
Keywords: Persecution, Mens Rea, Seriously Injured.
there are many cases of criminal acts of persecution that cause unrest in the community. Not only cases
of criminal acts of persecution that were carried out spontaneously, but also those that were planned
in advance and caused serious injuries. This study explains the problems regarding the application and
proof related to the element of error (mens rea) in the form of intentional and unintentional in Decision
Number: 372/Pid.B/2020/PN.Jkt Utr. As there is a discrepancy with the existing actus reus and causes
the element of error in the form of intentional turning into negligence. This is because there is no definite
basis that can be used in applying the element of error (mens rea) in cases of criminal acts of
persecution. This thesis will explore the application of the element of error (mens rea) in the case of
Decision Number: 372/Pid.B/2020/PN.Jkt Utr.
This type of research is normative legal research that uses case studies of literature in collecting
and searching data. In this study, the authors conducted research on legal theory, namely the theory of
criminal law policy and the theory of legal certainty. This research is a descriptive research, which is
a research method that describes the actual situation at the time of the research through data collection
which is then interpreted with each other so that the formulation and analysis of an existing problem is
obtained. Data analysis used by researchers in this study is qualitative data analysis, namely data
analysis that does not use statistics or other things, but researchers simply describe descriptively or
verbally based on the data obtained.
The results of this study can be concluded in two main things. First, the evidence and
application of the element of error (mens rea) by the Panel of Judges in the North Jakarta District Court
Decision Number: 372/Pid.B/2020/PN.Jkt.Utr is considered inappropriate. As in the proof and
application of the element of guilt (mens rea) in the case, the judge stated that the consequences of the
act were not included in the mens rea so that the act was considered as negligence. Meanwhile, the act
should have entered the realm of "deliberate" in which the Defendant was aware of the possibility of
other consequences but continued to commit his actions. This shows that there is an error in the
application of the element of error (mens rea) which leads to the absence of legal certainty in the
criminal law enforcement process. Second, the parameters that determine the emergence of the element
of error (mens rea) from each decision have a significant difference in applying the element of mens
rea. The absence of a definite basis results in the application of the mens rea element not having legal
certainty. The absence of legal certainty is certainly very contrary to criminal law policies which are
supposed to provide certainty, justice, and benefits.
Keywords: Persecution, Mens Rea, Seriously Injured.
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