PEMBUKTIAN TINDAK PIDANA PENGANIAYAAN BERAT DENGAN RENCANA SEBAGAI UNSUR KEALPAAN (Analisis Putusan Nomor: 372/Pid.B/2020/PN.Jkt.Utr.)

Abstract

This study explains the problem of proof regarding the element of error in the form of deliberate action and Mens Rea inadvertently in the indictment, resulting in an inconsistency with the existing Actus Reus and causing the element of error in the form of deliberation to be turned into an element of negligence. This study aims to determine the cause of the non-fulfillment of Primair's indictment based on the elements of the defendant's guilt in the Decision Case Number: 372 / Pid.B / 2020 / PN.Jkt.Utr. In particular, this thesis explores the application of the doctrine of deliberate error in Decision Case Number: 372 / Pid.B / 2020 / PN.Jkt.Utr. Besides, this thesis also discusses the application of the elements of criminal proof of law.This research method uses a normative-doctrinal approach by finding the correct answer by proving the truth of the legal prescriptions written in the Criminal Code through a statute approach and a conceptual approach.The results showed that the primair indictment was not proven because there was a material failure in the legal element of proof that this occurred when the application of an accident in the form of deliberate action incompatible with the legal facts contained in the trial with the indictment and the formulation of errors used in the Decision Case Number: 372 / Pid. B / 2020 / PN.Jkt.Utr. and is seen as the basis for determining the "condemnation" of the accused for not wanting to do the act, while the mistake should be used as the basis for "condemnation" of the act.