Analisis Yuridis Terhadap Perbuatan Pembelaan Terpaksa Sebagai Alasan Peniadaan Pidana

Sandra, Vista (2020) Analisis Yuridis Terhadap Perbuatan Pembelaan Terpaksa Sebagai Alasan Peniadaan Pidana. Other thesis, Universitas Islam Riau.

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Abstract

The specialty of criminal law, among other laws, is having penalties for violating them. However, there are a number of circumstances that cause a criminal act not to be convicted. This is known for reasons of criminal negation, one of which is due to forced defense. Identification of the problem in this study is how the criteria are the reasons for criminal negation and why the defense is forced to be used as a justification in criminal law. The research method used in this research is normative juridical research by collecting library data. And the nature of this research is descriptive, which describes in detail the provisions of forced defense as a reason for criminal negation. The results obtained are forced defense criteria that serve as reasons for criminal negation, namely: an attack or threat of an unlawful and instantaneous attack, a forced defense, the attack leads to the body, the respect for decency and objects belonging to one self or others, the defense must be balanced. The reason is justified because the state is not able to protect all its citizens.

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