PERTANGGUNGJAWABAN PIDANA TERHADAP KELALAIAN PENEMBAKAN GAS AIR MATA OLEH POLRI (Analisis Putusan Pengadilan Nomor 13/Pid.B/2023/PN Sby)

The police are law enforcement officers who are responsible for security and encourage the community to achieve legal objectives, but in the event of errors, delays, or unexpected situations outside of the rules or procedures that have been determined. These errors and omissions were related to the use of weapons by members of the Indonesian National Police themselves as stated in Court Decision Number 13/Pid.B/2023/Pn.Sby involved being indicted by the public prosecutor for the negligence of using tear gas which caused other people to be injured and died, but in the final decision the judge gave an acquittal against the defendant. In this study, the authors examine criminal responsibility for reporting tear gas shooting by the Indonesian National Police (Court Decision Number 13/Pid.B/2023/Pn.Sby) and how the judges consider the completion of the tear gas shooting by the Indonesian National Police in the decision. This study uses normative juridical research methods with statutory, case approaches and conceptual approach. The purpose of this study is to review criminal responsibility for delays in the shooting of tear gas by the police (Court Decision Number 13/Pid.B/2023/Pn.Sby) and review how the judge considers in deciding the matter. The results of this study conclude that based on the analysis of criminal liability, guilt cannot be prosecuted for criminal liability because the elements of guilt are not fulfilled. And based on the judge's consideration that the defendant was acquitted because the charges charged by the prosecutor were not proven.

Keywords: Agreement,Criminal Liability,Culpa