LEGAL MEMORANDUM

PENERAPAN PENYELESAIAN HUKUM TERHADAP PELAKU TINDAK PIDANA PENYANDANG DISABILITAS BERDASARKAN HUKUM PIDANA INDONESIA

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People with disabilities involved in a criminal act researchers found
actually occurred in the community. One of the crimes committed by people with
disabilities that researchers found was forcibly asking people for money
accompanied by beatings. Based on this description, researchers found three
problems, namely 1) How can the act of forcibly asking others for money
accompanied by beatings qualify as a criminal offense? 2) What are the legal
consequences of forcibly asking others for money accompanied by beatings in the
perspective of criminal law? and 3) What is the legal settlement mechanism for
perpetrators with disabilities who commit acts of forcibly asking for money
accompanied by beatings as a form of legal liability?
The analytical tool used is legal interpretation, that is, legal interpretation.
Legal interpretation or legal interpretation itself is an effort to explain, explain,
affirm both in a broad and narrow sense the existing legal understanding in order
to use it to solve the problem at hand. The legal interpretation used is an
authentic, grammatical and systematic interpretation.
The act of requesting money from another person by force accompanied by
beatings can be qualified as a criminal act because it fulfills the elements of the
criminal act of extortion specified in Article 368 Paragraph (1) of the Criminal
Code or if projected into the future the perpetrator's actions fulfill the elements of
Article 482 Paragraph (1) letter a Law Number 1 of 2023 concerning the
National Criminal Code. The legal consequences of the act of asking someone for
money by force accompanied by beatings from a criminal law perspective are
determined in Article 368 Paragraph (1) of the Criminal Code, namely the threat
of imprisonment for a maximum of 9 years, the same legal consequences are also
found in Article 482 Paragraph (1) letter a of the Law. -Law Number 1 of 2023
concerning the National Criminal Code. The mechanism for legal settlement of
perpetrators with disabilities who commit acts of forcibly asking for money
accompanied by beatings as a form of legal responsibility begins by submitting an
application for an examination to obtain the results of an assessment on whether
or not they have a disability, then if the assessment results have been met, then,
the perpetrator must still take legal settlement procedures, if the victim chooses to
resolve the case criminally based on the current Indonesian criminal law, if the
perpetrator is proven to be truly a person with a disability, the perpetrator will
not be convicted.

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Ketersediaan

SKP0001042

345

Fakultas Hukum (SKRIPSI)

Tersedia namun tidak untuk dipinjamkan - No Loan

Informasi Detail

Judul Seri

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No. Panggil

345

Penerbit

: ., 2024

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

345

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

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Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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