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Riski, Yuliana
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Law, Crime, Criminology & Criminal Justice

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LEGAL REVIEW OF THE TERMINATION OF INVESTIGATION ORDER (SP3) REGARDING MURDER CASES (A Case Study of Murder Against Goat Thieves in Serang City) Riski, Yuliana; Hasuri, Hasuri
Jurnal Ilmiah Advokasi Vol 12, No 2 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i2.5590

Abstract

This study aims to understand the termination of investigation order in the Criminal Code and analyze the Termination of Investigation Order (SP3) in Cases of Justifiable Defense Homicide. This research is descriptive with a normative juridical approach, through legislative approaches using secondary data, then analyzed qualitatively. The results show that the Serang District Attorney's Office (Kejari) issued a Termination of Investigation Order (SP3) against Muhyani (58), a farmer who stabbed a goat thief in Serang due to Justifiable Defense. Justifiable defense that exceeds limits can eliminate the criminal nature of an action and cannot be punished, so the act is not included in criminal acts according to Article 49 paragraph (1) of the Criminal Code. As stipulated in Article 109 paragraph (2) of the Criminal Procedure Code, reasons for issuing a termination of investigation letter include lack of evidence, actions that do not meet the criteria of criminal acts, or termination carried out in the interest of justiceKeywords: Termination Of Investigation Order; Forced defense; Murder
Co-Authors Hasuri, Hasuri