CD Skripsi
Analisis Hukum Pidana Terhadap Pelaku Yang Meninggalkan Orang Yang Perlu Ditolong Berdasarkan Kitab Undang-Undang Hukum Pidana
Not giving help means leaving someone who is known to be indanger of death. There is no human being who is free of legal problems, because not doing anything in criminal law is categorized as a crime and/or a violation, while the element of error in criminal law is divided into intentional errors(Dolus) and errors due to negligence(Culpa), therefore not doing so is considered a negligence in criminal law. The perpetrators involved in the case of people who need help must have criminalresponsibility, whether intentionally or unintentionally, all law enforcement processes are carried out. The purpose of this thesis writing is, First, to know analyse criminal law against perpetrators who leave people that need help under the criminal code. Second, to know criminal liability for people who do not provide assistance based on the Criminal Code. This type of research is normative legal research, because in this study the author conducted research in legal synchronization. Data sources used are secondary data, primary data and tertiary data and data collection techniques in this study is with literature study method. From the results of the research problem, there are two points that can be concluded. First, perspective of criminal law against people who leave people that need help under the Criminal Code, in the case of leaving people who need to be helped based has sufficiently fulfilled the elements of criminal acts as formulated and threatened bye Article 531 of the Criminal Code, which the first element: whoever, the second element: when witnessing that someone is facing death, the third element: not giving aid that can be given to without posing a danger to themselves or others. Second, criminal liability against a person who does not provide aid under the Criminal Code punishes the defendant with a three (3) month imprisonment. The author’s sugguestion, First, it is hoped for everyone who witnesses others in a state of dying or in danger of death in order to be able to provide assistance or aid to that person without causing harm to themselves or others, Second, Article 531 of the Crminal Code should be strengthened because it has a strong moral basis to help someone who is in a state of misery or death. Keywords: Perspective-Criminal Act-Criminal Liability
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