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All Journal Kultura: Jurnal Ilmu Sosial dan Humaniora
Jaury Douglas Pardomuan
Universitas Pembangunan Nasional Veteran Jakarta
Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Kultura: Jurnal Ilmu Sosial dan Humaniora

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HUKUM POSITIVISME TERHADAP PEMBELAAN TERPAKSA DALAM KASUS PEMBEGALAN Fendy Oktavianto; Jaury Douglas Pardomuan; Taufiqurrohman Syahuri
Kultura: Jurnal Ilmu Hukum, Sosial, dan Humaniora Vol. 1 No. 4 (2023): Kultura: Jurnal Ilmu Hukum, Sosial, dan Humaniora
Publisher : Kultura: Jurnal Ilmu Hukum, Sosial, dan Humaniora

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.572349/kultura.v1i4.390

Abstract

The law aims to ensure the existence of legal certainty in society and the law must also be in harmony with justice, namely the principles of justice of that community, in order to avoid the existence of a crime in the community. In the standard legal system, the influence of positivism also appears, which is applied to all Indonesian citizens, especially in the field of criminal law. Several prominent cases, which have been reported by the media about criminalization of victims against criminal cases of self-defense. Self-defense can be interpreted as a process, a way or an act to prevent and also distance yourself from negative things that the defender does not want to get. The principle of self-defense is balance, namely the defense or self-resistance of a person to maintain his dignity, must be balanced or equal to the attack of the criminal perpetrator against him. So it is not at all permissible to defend in an excessive way. A problem then arises which is why law enforcement in Indonesia is more inclined to the principle of legal certainty, which the important meaning of this principle also has a similarity with the main idea that exists in the construction of legal positivism reasoning so that it looks as if it upholds the principle of community justice.
Co-Authors Fendy Oktavianto Taufiqurrohman Syahuri