Tindak Pidana Penganiayaan Biasa Pasal 351 KUHP

SAMARA, Finsensius and RABAWATI, Dwytias Witarti (2025) Tindak Pidana Penganiayaan Biasa Pasal 351 KUHP. Dinamika Hukum Terkini, 7 (1). pp. 256-269.

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Abstract

On September 10 2023, a criminal act of abuse occurred in Airnona Village, Kota Raja District, Kupang City, involving the suspect Daniel Rihi Mangi and the victim witness Max Rihi Mangi. This incident occurred as a result of a physical conflict between the two, where the suspect pushed the victim until he fell and suffered physical injuries. Based on the analysis by legal expert Mikhael Feka, S.H., M.H., this abuse meets the elements of Article 351 paragraph 1 of the Criminal Code because it was carried out intentionally to cause pain or injury to the victim. The element of intent is key in determining this criminal act, with the suspect's actions being carried out with full awareness and the intention to cause harm. There was no excuse or justification that could erase the suspect's mistake, so the suspect could be subject to applicable legal sanctions. This study highlights the importance of understanding the element of intent in determining the category of criminal acts of abuse and the appropriate application of the law in similar cases.

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