Penerapan Pembelaan Terpaksa Terhadap Pelaku Dalam Tindak Pidana Penganiayaan Yang Menyebabkan Kematian (Studi Kasus Putusan Pengadilan Negeri Pasir Pangaraian Nomor 39/PID.B/2019/PN.PRP)

Martin, Gregorius and Hutabarat, Rugun Romaida (2022) Penerapan Pembelaan Terpaksa Terhadap Pelaku Dalam Tindak Pidana Penganiayaan Yang Menyebabkan Kematian (Studi Kasus Putusan Pengadilan Negeri Pasir Pangaraian Nomor 39/PID.B/2019/PN.PRP). Jurnal Hukum Adigama, 5 (1).

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Abstract

Noodweer is an action taken in a state of urgency. The problems faced in this study are how to justify the perpetrators who commit crimes of persecution that cause death in the context of self-defense and how to apply forced defense of perpetrators in criminal acts of persecution that cause death related to the Decision of the Pasir Pengaraian District Court Number 39/Pid.B /2019/PN.Prp). The research method in this study is a normative juridical legal research method. The results showed that the justification for the perpetrators who committed the crime of persecution that caused death in the context of self-defense were coercive circumstances, forced defense (noodweer), the existence of a statutory regulation and carrying out of ice orders. The application of a forced defense of the perpetrator in the criminal act of persecution that caused death related to the Decision of the Pasir Pengaraian District Court Number 39/Pid.B/2019/PN.Prp, in which in this case the perpetrator of the defense was forced to be justified in making a forced defense due to such circumstances and conditions. that happened. The situation is very forced to show that there is no alternative that can be done to deal with a threat of attack or attack because of its urgency, so it is necessary to carry out a forced defense. This condition indicates that if there is a way of defending that causes less harm or no harm to the other person at all, then that method must be prioritized.

Item Type: Article
Subjects: Jurnal
Artikel
Divisions: Fakultas Hukum > Ilmu Hukum
Depositing User: fh perpus
Date Deposited: 28 Jul 2023 08:40
Last Modified: 28 Jul 2023 08:40
URI: http://repository.untar.ac.id/id/eprint/41376

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