SANKSI PIDANA TERHADAP PELAKU PENGANIAYAAN YANG BERUJUNG KEMATIAN PADA KORBAN DI KALANGAN REMAJA

Abstract

Persecution is arbitrary treatment with torture, oppression and so on against victims of violence or persecution. Meanwhile, according to jurisprudence, persecution is intentionally causing bad feelings, pain, or injury. Mr. M.H. Tirta Amidjaja defines persecution as follows: "to abuse" is to intentionally cause pain or injury to another person. However, an act that causes pain or injury to another person cannot be considered as abuse if the act is done to protect the body. But in various laws that apply in Indonesia, there are known terms that are not uniform in translating strafbaar. A criminal act is a term that contains a basic understanding in the science of law, as a term formed with awareness in giving certain characteristics to criminal law events. Criminal acts have an abstract meaning from concrete events in the field of criminal law, so that criminal acts must be given meanings that are scientific in nature and clearly defined to be able to separate them from terms that are used daily in people's lives. the responsibility of the person for the crime he committed, thus the occurrence of criminal liability because there has been a crime committed by someone. The principle that applies to criminal responsibility is not being punished if there is no mistake (Geen straf zonder schuld; Actus non facit reum nisi mens sist rea). It has been stated above that the element of criminal responsibility is the existence of an error consisting of the ability to be responsible, intentional, negligent and the absence of excuses. This act of persecution can attack anyone, especially among teenagers and children. Violence can take various forms, such as physical violence, psychological violence, up to the climax, namely sexual violence. Violence is an inappropriate action to take because it is not in accordance with the article of the 1945 Constitution Number 23 of 2002 which has been amended to become the 1945 Constitution Number 35 of 2014 concerning child protection where the welfare of every citizen has been guaranteed by the Unitary State of the Republic of Indonesia.

Keywords : Persecution, violence