ANALISIS KRIMINOLOGI TERHADAP PELAKU TINDAK PIDANA MAKAR BERDASARKAN PASAL 107 AYAT (1) Jo PASAL 55 AYAT (1) KE-1 KUHP DAN PASAL 66 Jo PASAL 24 UNDANG-UNDANG NOMOR 24 TAHUN 2009 TENTANG BENDERA, BAHASA, DAN LAMBANG NEGARA

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;