IMPLEMENTASI CONCURSUS REALIS TINDAK PIDANA PEMBUNUHAN DISERTAI PENGANIAYAAN ( STUDI PUTUSAN NOMOR 194/ PID.B / 2015 / PN.SGR)

Abstract

This study aims to analyze the application of the concursus realist concept in the study of Decision No.194/PID.B /2015/PN.SGR at the Singaraja District Court and to analyze the factors causing the application of concursus realis in the study of Decision No.194/PID.B/2015/ PN.SGR at the Singaraja District Court against the crime of murder and persecution in the jurisdiction of Buleleng. This type of empirical juridical research is used in this study. This research is descriptive in nature. The location of this research is at the Singaraja District Court. Data were collected through observation, interviews and documentation studies which later the data obtained would be analyzed descriptively qualitatively. Based on the results of the research and discussion, it can be seen that the analysis of the application of the Concursus Realist concept in sentencing the perpetrators of murder accompanied by abuse (study of Decision No.194/Pid.B/2015/PN.Sgr) of the accused Putu Widhiyasa alias Kencerut was legally proven to have committed the crime of murder accompanied by persecution simultaneously and at the same time or simultaneously with Gede Purwa Husada and to Putu Suarjana. Study of Decision No. 194/PID.B/2015/PN.SGR has fulfilled the elements in the public prosecutor's indictment contained in Article 338 of the Criminal Code (KUHP) and Article 351 Paragraph (2) of the Criminal Code (KUHP) which is carried out concurrently and has the same basic punishment, then the elements of concursus realis are also fulfilled in Article 65 of the Criminal Code (KUHP). Factors causing the application of concursus Realists include the judge's consideration factor, the Public Prosecutor's indictment factor, the expert's consideration factor and the factor of the existence of two criminal acts that were committed concurrently