Answers are grounded in this paper and cite their sources.
Assault is an unlawful act that attacks a person's body or health and is regulated in Articles 351 to 358 of the Indonesian Criminal Code (KUHP). This study examines Decision No. 93/Pid.B/2024/PN Slk of the Solok District Court, in which a defendant who originally intended to commit theft struck the victim's head with a wooden beam and was convicted of assault. It aims to identify the basis for applying Article 351 paragraph (1) of the KUHP and to analyze how the article was applied. This is normative legal research with a descriptive qualitative design, using statutory regulations and the court decision as primary legal materials, books and scholarly articles as secondary materials, and qualitative juridical analysis. The findings show that the application of Article 351 paragraph (1) rests on two proven elements, "any person" and "committing assault", established through witness testimony, the defendant's statement, a visum et repertum, and physical evidence, in line with Articles 183 and 184 of the Criminal Procedure Code (KUHAP). The application is consistent with the legal facts and evidentiary requirements. However, the judges' reasoning is not yet comprehensive. It does not explain why the first alternative charge (Article 365 paragraph (1) in conjunction with Article 53 of the KUHP) was not applied, does not weigh the use of a wooden beam aimed at the victim's head, gives limited justification for the sentence length, and says little about victim protection. The study recommends that judges elaborate their legal reasoning more fully.
No takes yet. Share an insight, caveat, or question.
Amalia et al. (2026) studied this question.
Synapse has enriched 10 related papers. Consider them for comparative context: