| dc.description.abstract |
The forced defense justifies the act of self-defense in the event of being
suddenly attacked or threatened with being attacked, but the law also cannot
justify all forms of nature and methods of defense and defense that can be justified
by being limited or in other words a defense that can be justified is balanced with
an attack or threat. the. The formulation of the problem in this thesis is how to
regulate the elimination of criminal liability for self-defense actors that result in
the loss of other people's lives, how to implement the abolition of criminal liability
for self-defense actors resulting in the loss of other people's lives, how are the
judges' legal considerations on the basis of eliminating criminal liability for selfdefense
actors resulting in the loss of another person's life the study of the verdict
Number 61/Pid.B/2019/PN Cbd. The writing of this thesis uses library research
methods to examine secondary data by analyzing the case of Decision Number
61/Pid.B/2019/PN Cbd. This type of research data is secondary data. Primary
and secondary legal materials are compiled systematically and analyzed
qualitatively. The conclusion of the discussion is that the legal arrangement for
the abolition of the criminal act of self-defense that results in the loss of another
person's life is regulated in Article 49 paragraphs (1) and (2) of the Criminal
Code. There are several reasons why a person is not sentenced to a crime, where
all the elements mentioned in the article must be fulfilled so that a person is free
from all criminal threats because of an unlawful act as a result of self-defense.
The implementation of the abolition of criminal liability for self-defense actors
resulting in the loss of other people's lives is that the defendant's actions are
against the law and the defendant fights in the form of a forced defense or
emergency defense which according to the panel of judges the defendant's actions
do not exceed the mandatory limit, then based on the provisions of Article 49 of
the Criminal Code the defendant's actions it is not a criminal act. The judge's
legal considerations for the abolition of the crime in the criminal responsibility of
the perpetrators of self-defense resulting in the loss of other people's lives are
seen from the Criminal Code and the analysis of the decision Number
61/Pid.B/2019/PN. CBD is an act that has been charged to the defendant, it is
proven, but the act is not a crime so that the defendant must be declared free from
all legal charges.
Keywords: Elimination, Criminal Liability, Self Defense | en_US |
