CD Skripsi

"Penerapan Pembelaan Terpaksa Dalam Peristiwa Pencurian Dengan Kekerasan (Studi Kasus Di Kepolisian Resor Metropolitan Bekasi Kota)"

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ABSTRACT
One thing that can explain the power of the police in carrying out their duties is the discretion or authority given by law to act in special situations according to the judgment and conscience of the police themselves. Given that this authority is very broad, it requires requirements that must be possessed by officers, especially in assessing a case, especially cases that threaten property and even the safety of one's life. Nevertheless, the authority to declare someone guilty of committing a criminal offense is the panel of judges through a court decision. However, there are cases that researchers analyze where victims who make defense efforts are forced to have a different final settlement from the law enforcement process in previous similar cases. This comparison is used by researchers as a gap or gap that occurs due to decisions taken by investigators.
This type of research can be classified into empirical sociological research. With the research location located in Bekasi City, especially in the jurisdiction of the Bekasi City Metropolitan Police, while the population and sample are all parties related to the problem under study. This research uses data sources in the form of primary data and secondary data, and data collection techniques are carried out by interview.
From the results of the problem research, there are 3 main things that can be concluded. First, Noodweer is the authority of the judge who assesses, so there is no rule that authorizes the police to stop the investigation or not continue a case due to applying the reasons for criminal erasure, while the incident of theft with violence by the Bekasi City Metropolitan Police is discretionary in accordance with Article 18 of Law Number 2 of 2002 which states that in the public interest, Indonesian National Police officers in carrying out their duties and authorities can act according to their own judgment. This is done to uphold justice and the public interest, because the case is too clear that it cannot be continued to court. Second, the obstacle that hinders the application of noodweer is the low level of public trust in police performance in the case handling process. However, the case of Muhammad Irfan Bahri proves the ability of law enforcement officials to convince the public that these institutions can provide maximum protection and ensure the safety of victims. Third, the ideal idea of the investigator's action in applying the reason for criminal nullification according to the concept of noodweer for the future is to limit discretion to prevent arbitrary actions with consideration of the principle of necessity, the principle of straightforwardness and integrity, the principle of benefits and objectives and the principle of balance.
Keywords: Forced Defense, Investigator, Discretion.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1909113644

Penerbit

Pekanbaru : Universitas Riau - F. Hukum - Hukum Pidana., 2024

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1909113644

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

Rahmat Hidayat Syahputra

Versi lain/terkait

Lampiran Berkas

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