ANALISIS PERBANDINGAN TERHADAP TINDAK PIDANA PENGANIAYAAN PASAL 351 AYAT (1) KUHP YANG BERLAKU BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1946 TENTANG PERATURAN HUKUM PIDANA DIBANDINGKAN DENGAN PASAL 466 AYAT (1) UNDANG-UNDANG NOMOR 1 TAHUN 2023 TENTANG KITA

Abstract

The crime of assault is a frequently occurring offense that has serious impacts on victims, both physically and psychologically. The assault case committed by Erik bin Nuryanto against Relita Dinda Binti Suyatno is charged under Article 351 paragraph (1) of the Criminal Code. The government enacted Law Number 1 of 2023 concerning the Criminal Code, which will come into effect in 2026, where Article 466 regulates assault with a more systematic and clear formulation compared to the currently applicable Article 351 of the Criminal Code. The issues studied include how to analyze the crime of assault according to Article 351 paragraph (1) of the applicable Criminal Code compared to Article 466 paragraph (1) of Law Number 1 of 2023 concerning the Criminal Code, as well as how to compare its elements. The method used in this research is normative juridical, namely through literature review with a statute approach, to examine the content of the articles that are the object of the research. Research results indicate that Article 466 of Law Number 1 of 2023 concerning the Criminal Code provides clearer, more systematic updates that align with modern legal principles compared to the existing Article 351 of the Criminal Code. The current Article 351 contains colonial language and lacks detailed elements of criminal acts, allowing for varied interpretations. This was evident in Verdict Number 43/Pid.B/2023/PN Cms, in which the article led to different interpretations despite the proven elements. It is suggested that lawmakers continue to evaluate the provisions on assault in the Criminal Code to make them clearer and fairer. Law enforcement officials are also expected to understand the substantive differences in the Criminal Code to prevent errors in law enforcement. In addition, the public needs to be educated about the provisions of Law Number 1 of 2023 regarding the Criminal Code, which will come into effect in 2026, to enhance legal awareness and maintain social order.