Diana, T. Monica (2023) Pembuktian Tindak Pidana Penganiayaan Karena Pembelaan Terpaksa (noodweer). Other thesis, Universitas Islam Riau.

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Abstract

Criminal acts or staffbaar feit are behaviors that at certain times in the context of a culture are considered intolerable and must be corrected by utilizing the means provided by criminal law. Sources of law can be from laws that live in society such as customary law, statutory regulations such as Western law, the conception of Islamic law, namely the basis and framework created by Allah SWT, which regulates the relationship between humans and their God, humans and themselves, humans and other creatures and humans. with the environment. Violence refers to behavior that is prohibited by law in the form of threats or actions, one of which is the crime of persecution which is a phenomenon in social life that will not go away. In Indonesian Criminal Law, defense is forced to be regulated in the Criminal Code (KUHP) Article 49 Paragraph 1 which reads: "It is not criminalized whoever commits an act of defense for life, honor or property either for himself or for others because of the influence of coercion is not punished”. Thus, the formulation of the problem in this research is: First, How is the Proof of the Crime of Persecution Due to Forced Defense of Case Number 32/pid.B/2021/PN Dgl. Second, what are the legal council's considerations in deciding case number 32/pid.B/2021/PN Dgl. The research applied in writing this thesis uses normative legal research, which is examined only from literature or secondary data. Secondary data is indirect data obtained from the literature, which is divided into primary legal materials, secondary legal materials, and tertiary legal materials. Proof is the most important part of the rules of criminal procedural law, therefore the main task of criminal procedural law is to seek and find material truth, and true truth. Legal evidence in Article 184 paragraph 1 of the Criminal Procedure Code are: 1) Witness statements; 2) Expert Statement; 3) Letters; 4) Instructions; 5) Statement of the Defendant. 2. In criminal justice practice, before these juridical considerations are proven, the judge will first withdraw the facts in the trial that arise and form cumulative conclusions from witness statements, defendant statements, and evidence. Considering, that the Defendant has been indicted by the Public Prosecutor with a Single Charge, namely Article 351 paragraph (1) of the Criminal Code, the elements of which are as follows: 1) whoever; 2) who deliberately commit persecution.

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