Jurnal Penelitian Serambi Hukum
Vol 16 No 02 (2023): Jurnal Penelitian Serambi Hukum Vol 16 No 02 Tahun 2023

Tinjauan Yuridis Terhadap Pembelaan Terpaksa Sebagai Alasan Penghapus Pidana

Khilmatin Maulidah (Sekolah Tinggi Ilmu Hukum IBLAM)
Muhammad Rizqi Hengki (Unknown)



Article Info

Publish Date
31 May 2023

Abstract

The Indonesian Criminal Code regulates the reasons for abolishing crimes which are generally divided into two, namely justifying reasons and forgiving reasons. Based on this, this study formulates two problems, namely: 1) What is the juridical review of forced defense as an excuse for criminal punishment? 2) How is the review of juridical defense forced as a reason for the abolition of punishment in the current Criminal Code? This study uses a normative juridical research method. The results of the study show that the juridical arrangements related to reasons for abolishing sentences in the current Indonesian Criminal Code have been explicitly regulated regarding the scope of dividing reasons for abolishing sentences into justification reasons or excuses which previously had not been differentiated between the two, this is an appropriate and more effective reform. so that it is easier for law enforcement officials to apply the theory of criminal abolition reasons. Keywords: Juridical Review, Forced Defense, Reasons for Abolition

Copyrights © 2023






Journal Info

Abbrev

SH

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal Serambi Hukum was open for researchers, lecturers, students, and practitioners who have interest to publishing the original research articles especially in legal field. The focus and scope of articles that published in Jurnal Serambi Hukum are : 1.Criminal Law (Hukum Pidana) 2.Civil Law ...