PEMBUKTIAN UNSUR DOLUS EVENTUALIS DALAM DUGAAN KASUS TINDAK PIDANA PEMBUNUHAN (Studi Putusan Nomor 454/K/Pid/2024/PN.Sby)

This research analyzes the proof of the intent element in the form of dolus eventualis within the context of an acquittal (vrijspraak) for the criminal act, focusing on Surabaya District Court Decision Number 454/Pid.B/2024/PN.Sby. Indonesian criminal law requires the presence of fault (intent or negligence) to penalize an act. Dolus eventualis is defined as a condition where the perpetrator is aware of the potential for legally prohibited consequences arising from their actions, yet proceeds with the act because they accept the possibility of such consequences occurring. In the case of Gregorius Ronald Tannur, the defendant was charged under Article 338 of the Criminal Code (murder), Article 351 paragraph (3) of the Criminal Code (assault resulting in death), and Article 359 of the Criminal Code (negligence resulting in death). Despite a series of physical assaults leading to the victim's death, the panel of judges acquitted the defendant of all charges. This study examines how the judges considered the element of intent, particularly dolus eventualis, in this decision. The analysis reveals that the judges did not adequately apply the concept of dolus eventualis, arguing that the defendant's awareness and acceptance of the risk were not legally and convincingly proven. The judges tended to interpret the defendant's actions as spontaneous emotional outbursts and panic, rather than an inner intent accepting fatal risks. Theoretically, however, facts such as the defendant's awareness of the victim's dangerous position, repeated acts of violence, and delayed medical assistance, should have met the dolus eventualis element and led to the application of Article 338 of the Criminal Code. This research concludes that the acquittal is inconsistent with the dolus eventualis doctrine and suggests that law enforcement, especially judges, should delve deeper and be more consistent in applying this element of intent to ensure justice and proportionality of criminal sanctions.