Abstract:
ABSTRACT
CRIMINOLOGICAL ANALYSIS OF PERPETRATORS OF THE CRIMINAL
ACTS OF TREASON BASED ON ARTICLE 107 PARAGRAPH (1) Jo
ARTICLE 55 PARAGRAPH (1) NUMBER 1 OF THE CRIMINAL CODE
AND ARTICLE 66 Jo ARTICLE 24 OF LAW NUMBER 24 OF 2009
CONCERNING THE STATE FLAG, LANGUAGE AND SYMBOL
ANGGA OSA PERMANA
NIM. 82338230022
The term treason in law often uses the government as a shield to ward off all
attacks that want to overthrow the government in power, but we need to know that
treason has a broader meaning, including when taking action with the intention of
separating part of the territory from the territory of the Unitary State of the
Republic of Indonesia. The crimes that fall into the category of treason that
threaten the legal interests of the security and safety of the Republic of Indonesia
as regulated in Chapter I, Book II of the Criminal Code. Therefore, the
formulation of the problem is the factors that cause the perpetrator to commit the
crime of treason based on Article 107 paragraph (1) Jo Article 55 paragraph (1)
Ke-1 of the Criminal Code and Article 66 Jo Article 24 of Law Number 24 of 2009
concerning the Flag, Language, and National Emblem (case study number 33 /
Pid.B / 2022 / PN Grt)? and how are the judge's legal considerations in passing a
verdict against the perpetrator of the crime of treason (case study number 33 /
Pid.B / 2022 / PN Grt)?
The research method is normative juridical by examining laws and
regulations, legal principles, legal systematics related to the crime of treason and
then analyzed using various legal theories.
The results of the study show that First. the internal factor of the
individual's desire to have an Islamic State of Indonesia (NII) and the external
factor of the lack of supervision from various authorities in the government
organization of the State of Indonesia. Second, the judge's considerations before
making a decision in decision number 33 / Pid.B / 2022 / PN Grt are in
accordance with applicable legal regulations, namely based on at least two valid
pieces of evidence. The aggravating circumstances for the defendant are that his
actions have the potential to disrupt public order and attack the sovereignty of the
State of Indonesia.
Keywords: Criminology, Crime of Treason;
