CD Skripsi

Penggunaan Dalil Pembelaan Terpaksa (Noodweer) Berdasarkan Pasal 49 Ayat (1) Kitab Undang-Undang Hukum Pidana (Kuhp) Terhadap Tindak Pidana Penganiayaan

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ABSTRACT
Self-defense is a form of human defense in situations that threaten the
safety of one's soul, decency and property. It is undeniable that this self-defense
can also provide losses for perpetrators of criminal acts. Arrangements regarding
self-defense are regulated in Article 49 of the Criminal Code. In that article it is
said that a person who commits an act of defense for life, honor or property both
for himself and for others cannot be punished. The purpose of this study, namely:
First, criminal responsibility for perpetrators of criminal acts of persecution for
self-defense according to Article 49 of the Criminal Code when viewed from a
justice perspective, Second; the basis for the judge's consideration in the use of
the forced defense argument against the crime of persecution.
This type of research can be classified as a type of normative research that
examines the level of legal synchronization, because in this study the authors
conduct research on legal synchronization to what extent the existing written
positive law is in accordance with its application.
In the results of research problems there are two things that can be
concluded. First, actions committed by someone in the form of self-defense in a
state of threat cannot be held criminally responsible. Second, there are
differences in the judge's decision in passing his decision on the perpetrators of
the crime of persecution for self-defence, where in the Manado Higher Decision
Number: 116/Pid/2013/PN.Mdo which does not apply Article 49 of the Criminal
Code. The author's suggestion, First: that in forming laws - laws provide more
explanation of the formulation of articles in a more clear and straightforward
manner so that there is no dualization of meaning by law enforcers and society.
So that the meaning in Article 49 of the Criminal Code in particular can be
conveyed and applied in cases of self-defense. Second, in making decisions,
judges must uphold the principle of legal certainty, but the concept of justice must
be upheld in accordance with one of the objectives of the law itself. In addition,
judges can also use other assistive sciences to become the rationale for knowing
the subjective elements of the offender.
Keywords: Persecution – Forced Defense – Criminal Liability.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1909113216

Penerbit

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

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1909113216

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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