KAJIAN YURIDIS TENTANG UNSUR PERBUATAN TIDAK MENYENANGKAN DALAM PASAL 335 KUHP SETELAH PUTUSAN MAHKAMAH KONSTITUSI NOMOR : 1/PUU-XI/2013

Abstrak

The purpose of this study is to review changes to article 335 of the
Criminal Code paragraph (1) item 1 based on the decision of the Constitutional
Court number: 1 / PUU-XI / 2013 from the point of view and its consideration,
and to know juridical implications of changes to article 335 of the Criminal Code
paragraph (1) point 1st by the Constitutional Court based on the decision Number:
1 / PUU-XI / 2013 regarding the Elimination of Unhappy Acting Phrases. This
study aims to find out, understand, and analyze the legal considerations and
judicial implications of the amendment to article 335 of the Criminal Code
paragraph (1) Item 1 by the Constitutional Court based on the decision number: 1
/ PUU-XI / 2013 concerning the Elimination of Unpleasant Actions.
The background of the problem is that after the Decision of the
Constitutional Court Number: 1 / PUU-XI / 2013, the Constitutional Court finally
deleted the phrase “unpleasant actions†with Decision Number: 1 / PUU-XI /
2013. Article 335 paragraph (1) point 1 of the Criminal Code after being amended
the full meaning of the constitution reads, "Whoever violates the law forces
another person to do, not do or allow something, by using violence, or by using
threats of violence, either against himself or herself or other people".
There are two kinds of approaches used in this research, namely the
statutory approach and the comparative approach. the data collection method in
this case is to collect more data in literature study, namely by reviewing the laws
and decisions of the Constitutional Court Number: 1 / PUU-XI / 2013, legal
theory, legal doctrine. After the data is collected then a qualitative analysis is
performed.
The type of research used is normative juridical research. Normative
juridical research is research that is conducted by examining library materials.
The basic consideration of the Constitutional Court to amend article 335 of
the Criminal Code paragraph (1) item 1 based on the Constitutional Court's
decision number: 1 / PUU-XI / 2013 is because the offense formulation of
"something else acts or unpleasant treatment" cannot be measured objectively and
causes legal uncertainty and injustice so that it is contrary to the principles of the
constitution that guarantees the protection of the right to obtain fair legal
certainty.
The juridical implication of the amendment to Article 335 of the Criminal
Code paragraph (1) point 1 by the first Constitutional Court is that the emphasis of
offenses on the elements of violence or the threat of violence in Article 335 of the new KUHP is absolute. The second is that the elements in Article 335 of the Criminal Code which have been amended by the Constitutional Court are one unit
(cumulative).

Keywords: Unpleasant conduct, Amendment to Article 335