Pertanggungjawaban Pidana dalam Kasus Pembubaran Ibadah di GKKD Bandar Lampung: Kajian Putusan Nomor 314/Pid.B/2023/PN.TJK

Abstract

The crime of dissolution of worship is an unlawful act committed with violence or threat of violence to achieve certain goals by targeting victims. In Decision Number: 314/Pid.B/2023/PN TJK, the defendant Wawan Kurniawan Bin Rusdi (deceased) was legally and convincingly proven to have committed the crime of coercion with violence or threats and was sentenced to 3 (three) months imprisonment. The problem in this study is how the criminal liability of the perpetrator of coercion with violence or threats and how the legal considerations of the judge in imposing a sentence of 3 (three) months imprisonment against the perpetrator of the crime of coercion with violence or threats.

This research uses normative juridical and empirical juridical approaches. Primary data was obtained through interviews, while secondary data from literature studies. The data was analyzed qualitatively by describing the information systematically in order to answer the existing problems. The results showed that the defendant was criminally responsible for violating Article 335 paragraph (1) of the Criminal Code. The defendant has legal awareness, normal mental condition, is not underage, is not under official orders, is not in a condition of carrying out the orders of the Law and has a mental connection with his actions which were committed intentionally. There was no justification or excuse, because the defendant admitted his actions. The judge's consideration in imposing the sentence included juridical, sociological, and philosophical aspects. The verdict is expected to provide a deterrent effect for the defendant and justice for the victim. The suggestion of this research is for law enforcers to be more careful and cautious in upholding justice. Judges must consider aspects of justice for victims and defendants so that the objectives of the law can be achieved properly.