CD Skripsi
Tinjauan Yuridis Mengenai Pembelaan Terpaksa (Noodweer) Sebagai Alasan Penghapus Pidana (Studi Putusan Nomor: 1/Pid.Sus-Anak/2020/Pn Kpn)
ABSTRACT
The reason for the annulment of punishment is a regulation that is
primarily aimed at judges. This regulation stipulates the various
circumstances of the perpetrator, who have fulfilled the formulation of
offenses as stipulated in the Law, who should be convicted, but not
convicted If a person who makes a forced defense which is the reason for
the annulment of punishment, is later found guilty of his treatment, then
this is clearly contrary to the substance of the rule of law itself as in
Article 49 of the Criminal Code.
This study will examine the subject matter according to the scope
and identification of the problem through a normative juridical
approach, with the analysis of Decision Number 1 / Pid.Sus-Anak / 2020
/ Pn Kpn. Based on the normative research method, the data source used
in this study is a secondary data source consisting of 3 legal materials,
namely: primary legal materials, secondary legal materials, tertiary
legal materials. Data collected from literature study.
Then from the results of the research related to the noodweer,
there were cases related to forced defense, including in Decision Number
1 / Pid.Sus-Anak / 2020 / Pn Kpn which started from the perpetrator who
made a forced defense by committing acts of persecution which led to the
death of a person. , was convicted and convicted as a perpetrator of a
criminal act of maltreatment and ended in the defendant being convicted
by imposing a punishment for Development in an Institution at a Child
Welfare Institution for 1 year. This is certainly contrary to Article 49 of
the Criminal Code, which should not be punished, especially because the
perpetrator is a child.
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