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ANALISIS JEDA WAKTU TERJADINYA SERANGAN ATAU ANCAMAN TERHADAP PEMBELAAN TERPAKSA Shalahudin - Serbabagus; Adam Wildan Mubarak
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 6 No 2 (2022): Desember 2022
Publisher : Universitas Islam Darul Ulum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v6i2.3430

Abstract

KUHP does not only regulate non-prohibited rules that are criminal in nature or violations. but also fully regulates legal protection. as is the case in limited or noodweer cleavage. The limited defense itself is still divided into an extraordinary limited defense or noodweer excess. The problem is that there is a time lag that needs to be explained further because in general the time lag is only said to be instantaneous when a threat or attack occurs. and the lack of explanation of the instantaneous word itself. The approach used in this research is the statutory approach and the conceptual approach, the case approach of this normative research. With such a methodological approach, the time lag for the forced defense can be explained in detail. Keywords : KUHP; Limited Defense; Noodweer; Noodweer excess
Pertanggungjawaban Pidana Pelaku Tindak Pidana Korupsi yang Meninggal Dunia Shalahudin Serba Bagus; Adam Wildan Mubarak
Madani: Jurnal Politik dan Sosial Kemasyarakatan Vol. 15 No. 2 (2023): MADANI : Jurnal Politik dan Sosial Kemasyarakatan
Publisher : Universitas Islam Darul Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

According to the law, the perpetrators of criminal acts of corruption can be held accountable through the heirs of the criminals who died through civil lawsuits. However, in practice there are conflicting principles of criminal law due to the transfer of the lawsuit into a civil lawsuit. Just like the responsibility that should be criminal liability will become civil liability. The analysis in this paper explains what is unclear about religious blasphemy and links it to the principle of legality. The sources used are not only primary sources such as statutory regulations, but also secondary sources such as journals or articles on the internet.