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Nur Amalia Katili
Faculty of Law, Universitas Negeri Gorontalo, Indonesia
Law, Crime, Criminology & Criminal Justice

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The Disparity in Judge's Decisions in Forced Defense Cases Nur Amalia Katili; Dian Ekawaty Ismail; Suwitno Yutye Imran
Estudiante Law Journal VOL. 4 NO. 2 JUNI 2022
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (340.615 KB) | DOI: 10.33756/eslaj.v4i2.18327

Abstract

This study aims to analyze the chronology of cases of forced defense decisions. Normative research methods using statutory research approaches and case approaches and analytical techniques used to process legal materials are legal hermeneutics. The results of this study indicate that the decisions 794/Pid.B/2014/PN.Llg and No.257/Pid.B/2015/PN.Sky has fulfilled the elements of the noodweer requirement, namely that defense is coercive, what is being defended is oneself ), there was a very imminent threat of an imminent attack at that time, and that attack was against the law. has also fulfilled the element of the principle of subsidiarity which is the benchmark for forced defense. The disparity of decision No. 794/Pid.B/2014/PN.Log and the decision No. 257/Pid.B/2015/PN.
Co-Authors Dian Ekawaty Ismail Suwitno Yutye Imran