CD Skripsi

Penafsiran Hakim Terhadap Unsur Tindakan Mengancam Dalam Penerapan Pasal 49 Ayat (2) Kitab Undang-Undang Hukum Pidana Pada Kasus Menghilangkan Nyawa Orang Lain

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ABSTRACT
Forced defense (noodweer) is an effort to protect oneself or others that is
carried out because an attack or threat against the law comes suddenly. The
regulations in the legal system in Indonesia are in Article 49 paragraphs (1) and
(2) of the Criminal Code regarding forced defense (noodweer) and forced defense
that exceeds the limit (noodweer excess). However, in reality, perpetrators of
forced defense whose actions should be protected and forgiven by law are instead
sentenced to criminal penalties by the judge. Therefore, the aim of this research is
to determine the judge's interpretation in applying Article 49 paragraphs (2) of
the Criminal Code regarding forced defense regarding the criminal act of taking
another person's life.
This type of research can be classified as normative legal research which
uses secondary data, carried out by using library materials as the main focus
based on library research by examining and citing reference books related to the
problem to be researched. For this research, the data source is secondary data
consisting of primary legal materials, secondary legal materials and tertiary legal
materials. Apart from that, this research uses qualitative data analysis and
produces descriptive data using deductive thinking methods.
From the results of this research, there are two main points that can be
concluded, first, the regulation of forced defense in Article 49 paragraphs (2) of
the Criminal Code is expected to explain in more detail each element or limitation
contained in this Article so that it does not conflict with other criminal offenses
such as the crime of taking another person's life. Second, related to the judge's
consideration that the judge should have given more consideration to the existing
rules because the perpetrator of the defense should have been forced to avoid
criminal sanctions because he was trying to protect himself, his honor and his
property. This is also because there are reasons that can eliminate the criminal
element against perpetrators of forced defense, one of which is forgiveness.
Keywords : Noodweer Defense-Forgiving Reasons-Taking Another Person's
Life

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1909113502

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2023

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1909113502

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

DAUS

Versi lain/terkait

Lampiran Berkas

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