Martin, Gregorius and Hutabarat, Rugun Romaida (2022) Penerapan Pembelaan Terpaksa Terhadap Pelaku Dalam Tindak Pidana Penganiayaan Yang Menyebabkan Kematian (Studi Kasus Putusan Pengadilan Negeri Pasir Pangaraian Nomor 39/PID.B/2019/PN.PRP). Jurnal Hukum Adigama, 5 (1).
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Abstract
Noodweer is an action taken in a state of urgency. The problems faced in this study are how to
justify the perpetrators who commit crimes of persecution that cause death in the context of
self-defense and how to apply forced defense of perpetrators in criminal acts of persecution that
cause death related to the Decision of the Pasir Pengaraian District Court Number 39/Pid.B
/2019/PN.Prp). The research method in this study is a normative juridical legal research method.
The results showed that the justification for the perpetrators who committed the crime of
persecution that caused death in the context of self-defense were coercive circumstances, forced
defense (noodweer), the existence of a statutory regulation and carrying out of ice orders. The
application of a forced defense of the perpetrator in the criminal act of persecution that caused
death related to the Decision of the Pasir Pengaraian District Court Number
39/Pid.B/2019/PN.Prp, in which in this case the perpetrator of the defense was forced to be
justified in making a forced defense due to such circumstances and conditions. that happened. The
situation is very forced to show that there is no alternative that can be done to deal with a threat of
attack or attack because of its urgency, so it is necessary to carry out a forced defense. This
condition indicates that if there is a way of defending that causes less harm or no harm to the
other person at all, then that method must be prioritized.
| Item Type: | Article |
|---|---|
| Subjects: | Jurnal Artikel |
| Divisions: | Fakultas Hukum > Ilmu Hukum |
| Depositing User: | fh perpus |
| Date Deposited: | 28 Jul 2023 08:40 |
| Last Modified: | 28 Jul 2023 08:40 |
| URI: | https://repotest.untar.ac.id/id/eprint/41376 |
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