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

The purpose of this study is to review changes to article 335 of theCriminal Code paragraph (1) item 1 based on the decision of the ConstitutionalCourt 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 Codeparagraph (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 andjudicial implications of the amendment to article 335 of the Criminal Codeparagraph (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 theConstitutional Court Number: 1 / PUU-XI / 2013, the Constitutional Court finallydeleted the phrase “unpleasant actions” with Decision Number: 1 / PUU-XI /2013. Article 335 paragraph (1) point 1 of the Criminal Code after being amendedthe full meaning of the constitution reads, "Whoever violates the law forcesanother person to do, not do or allow something, by using violence, or by usingthreats of violence, either against himself or herself or other people".There are two kinds of approaches used in this research, namely thestatutory approach and the comparative approach. the data collection method inthis case is to collect more data in literature study, namely by reviewing the lawsand decisions of the Constitutional Court Number: 1 / PUU-XI / 2013, legaltheory, legal doctrine. After the data is collected then a qualitative analysis isperformed.The type of research used is normative juridical research. Normativejuridical research is research that is conducted by examining library materials.The basic consideration of the Constitutional Court to amend article 335 ofthe Criminal Code paragraph (1) item 1 based on the Constitutional Court'sdecision number: 1 / PUU-XI / 2013 is because the offense formulation of"something else acts or unpleasant treatment" cannot be measured objectively andcauses legal uncertainty and injustice so that it is contrary to the principles of theconstitution that guarantees the protection of the right to obtain fair legalcertainty.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