Tindak Pidana Penganiayaan dengan Alasan Pembelaan Diri Melampaui Batas

Susanti, Heni and Maduri, Mutia (2023) Tindak Pidana Penganiayaan dengan Alasan Pembelaan Diri Melampaui Batas. jurnal Yudisial, 16 (1). pp. 143-160. ISSN 1978-6506

Text tindak pidana penganiayaan dengan alasan pembelaan.pdf - Published Version Download (321kB)

Abstract

this research study in this analysis raises the issue of a criminal offense of forced assault in Decision Number 72/ Pid.B/2020/PN.Enr, The exceeding bounds self-defense in an emergency is stipulated in Article 49 Paragraph (2) of the Criminal Code. Regarding the judge›s decision in the noodweer case, there is also a correlated decision, which is an excessively aggressive self-defense that one is driven to make because of having been harassed. The excessive self-defense made by an individual involuntarily resulted in severe injuries to the provoker. The primary issues addressed in this research are twofold: firstly, the examination of the judge›s considerations regarding the defendant›s self-defense that surpasses limits, and secondly, the exploration of the legal provisions on the forgiveness reason in criminal liability. The methodology employed is normative juridical legal research in a descriptive analysis. The forgiveness reason necessitates the release of the defendant from all charges. In the ruling consideration, the judge stated that the defendant was exempted from the charges upon certain conditions. The defendant was considered to be in a state of severe mental distress, which led to a loss of logical reasoning. The self-defense measures were seemingly impulsive. Although he was found guilty of committing the crime of assault, there was a force of defense that exceeded bounds, which constitutes a forgiving reason. The article of excessive self-defense in criminal liability can be used as a pretext allowing the defendant to be acquitted.

Actions (login required)

View Item