SIMAMORA, Rico Viandi (2022) Tinjauan Yuridis Penerapan Pembelaan Terpaksa (Noodweer) Dalam Tindak Pidana Penganiayaan Yang Menyebabkan Kematian (Studi Putusan Pengadilan Negeri Kutai Barat Nomor: 37/Pid.B/2017/PN. Sdw). Skripsi thesis, Universitas Jenderal Soedirman.

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Abstract

Forced defense is part of the reason for criminal removal that can eliminate the unlawful nature of an act. The problem that often arises in the application of this forced defense is related to the understanding and consequences of the law that applies in forced defense. In this regard, the author is interested in applying the application of forced defense in the crime of persecution that causes death in Verdict No. 37 / Pid.B / 2017 / PN. Sdw. This study addresses the issue of the elements of the crime of persecution that causes death and the judge's legal consideration in deciding the existence of a forced defense against the Defendant. This research uses normative juridical approach methods with descriptive research specifications. The study also used secondary data obtained through literature and deciphered in narrative text. The results showed that the crime of persecution that caused death in Verdict No. 37/ Pid.B/2017/PN. Sdw has fulfilled the elements that include intentionality, the existence of actions, the consequences of actions that are pain, injuries to the body, consequences that are the sole purpose and unconscious consequences of death or loss of one's life. The basis of the Judge's legal consideration in deciding the basis of the reason for criminal removal because the defense was forced in Decision No. 37 / Pid.B / 2017 / PN. Sdw, has been in accordance with the provisions of Article 49 Paragraph (1) of the Criminal Code on forced defense. The defense must be considered as a reason for the violation because the defendant's actions have been proven guilty and fulfill the charges indicted, but the defendant's actions are considered right in order to protect themselves from attacks that lead to him so that his unlawful nature is eliminated, therefore the defendant should be released from all charges and not acquitted of all charges as decided by the Judge, This is in accordance with Article 191 Paragraph (2) of the KUHAP.

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