Punishment of the Kanjuruhan Commotion due to Negligence from the Perspective of Causality Theory

Abstract

Punishment results in Kanjuruhan in Indonesian football matches, to guarantee the protection of fundamental rights. The Kanjuruhan incident had a detrimental impact, causing fans' dissatisfaction (Aremania) at the defeat. The end of the match caused the crowd to come down the field, to express their disappointment. Tools in research use doctrinal law which is specifically of the normative type. This research uses literature study by collecting legal principles, legal rules, regulations, doctrine, theories, legal dictionaries which are based on legal literacy. The achievement results are to understand necessity, harmony and intentionality. How to work scientifically with research activities, using doctrinal laws. Specification of normative legal methods using positive law, context and literature. The research approach uses laws (positive law) and a case approach (Kanjuruhan commotions). The results and discussions revealed the verdict, in accordance with decision 13/Pid.B/2023/PN Sby deciding that the defendant was acquitted. Legal efforts were taken by the public prosecutor (JPU) in case 922/K/Pid/2023, to cancel the previous decision. The Supreme Judge assessed that a violation of Article 359 in conjunction with Article 360 of Law Number 1/1946 concerning Criminal Law Regulations had occurred, causing negligence resulting in death. The causality of this case was when security forces (police) fired tear gas into the spectator stands, due to the behavior of anarchist (Aremania) supporters who came down the field.