Syntax Literate: Jurnal Ilmiah Indonesia
Jurnal Ilmiah Indonesia

Pembelaan Terpaksa sebagai Alasan Pembenar dalam Rangka Pembelaan Diri

Chatarina Dwi Agista (Fakultas Hukum, Universitas Tarumanagara, Jakarta, Indonesia)
Ade Adhari (Fakultas Hukum, Universitas Tarumanagara, Jakarta, Indonesia)



Article Info

Publish Date
10 Jul 2023

Abstract

Reasons for abolishing punishment are reasons that allow people who commit criminal acts not to be sentenced to punishment. There are two categories of reasons for criminal abolition, namely, excuses and justification reasons. Noodweer is contained in Article 49 Paragraph (1) of the Criminal Code is part of the justification. In this research, it will be explained about the application of justification reasons as reasons for abolishing crimes in the context of self-defense against perpetrators of murder. The research is based on a descriptive method using a qualitative type of approach, and is carried out using a literature review method. Basically, the actions of a person categorized as an act of defense must fulfill the specified conditions, namely: there must be an attack or threat of attack, is unlawful, the attack is aimed at oneself, honor, decency or one's own or other people's property, and is forced to do so. In order to fulfill the intended elements, there are 2 (two) important conditions, namely the fulfillment of the requirements of proportionality (balance) and carried out in the lightest way. However, in practice there are still many law enforcement officers who are not brave enough to decide on someone who has committed a crime using the excuse of a criminal offense

Copyrights © 2023






Journal Info

Abbrev

syntax-literate

Publisher

Subject

Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Syntax Literate: Jurnal Ilmiah Indonesia is a peer-reviewed scientific journal that publishes original research and critical studies in various fields of science, including education, social sciences, humanities, economics, and engineering. The journal aims to provide a platform for researchers, ...