CD Skripsi
Analisis Yuridis Penerapan Pasal 49 Kitab Undang – Undang Hukum Pidana Tentang Pembelaan Terpaksa Terhadap Tindak Pidana Kekerasan Seksual Dalam Putusan Nomor: 09/Pid.B/2013/Ptr
ABSTRACT
In everyday life there are many conflicts or problems, even leading to
criminal acts. So in the prevention of criminal acts, the Republic of Indonesia
established a regulation that contains legal sanctions against the perpetrators
contained in Law Number 1 Year 1946 concerning the Criminal Code (hereinafter
referred to as KUHP).
In the Criminal Code, in the first book of Chapter III there are articles that
regulate matters that abolish the punishment of a defendant. If a defendant gets
things or circumstances that are stipulated in the articles of the Criminal Code
concerned, those things or conditions are the reasons for releasing the defendant
from punishment, one of which is an act taken by someone in protecting himself or
another person from being punished. an emergency threat.
This type of research can be classified as normative, this research is a study
of legal principles related to juridical analysis of the application of article 49 of the
criminal code on forced defense against criminal acts of sexual violence in decision
number: 09/Pid.B/2013/PTR. Data sources are supported by secondary data
sources which consist of 3 legal materials, namely: primary legal materials,
secondary legal materials, tertiary legal materials. The data collection technique
is literature review.
From the research results it can be concluded that the application of article
49 of the criminal code on forced defense in criminal acts of sexual violence did not
work properly.
Keywords: Application of Article 49 of the Criminal Code - Forced Defense -
Crime of Sexual Violence
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