PERLINDUNGAN HUKUM TERHADAP KORBAN PEMBEGALAN YANG MELAKUKAN PEMBUNUHAN TERHADAP PELAKU BEGAL UNTUK PEMBELAAN TERPAKSA DITINJAU DARI PASAL 49 AYAT (1) KUHP

Authors

  • Dendi Setiawan Fakultas Hukum, Universitas Pamulang
  • Melani Santia Fakultas Hukum, Universitas Pamulang
  • Resti Istiqomah Fakultas Hukum, Universitas Pamulang

Abstract

Society requires high economic needs to meet diverse survival along with technological advances and the times, people often justify any means without looking at the legal norms that apply in society. This can have a negative impact on the survival of the community. One form of crime that is currently happening is the crime of robbery (theft with violence) which we can find on television, newspapers and social media, causing discomfort and injustice to the surrounding environment. As stated in the statement, there are cases of emergency self-defense against oneself or other people to protect other people's assets and defend their property rights.The purpose of this study is to find out about criminal acts that can be categorized as emergency selfdefense and to know the legal consequences for victims who commit murders as perpetrators of self-defense, the type of research conducted is normative legal research, which is descriptive in nature by describing evidence and legal consequences for the victim who committed the murder of the perpetrator of the robbery for self-defense, so it does not test the hypothesis. Criminal acts committed by a person in a threatened condition so that they carry out an emergency self-defense, in accordance with the provisions of Article 49 of the Criminal Code, victims of criminal acts of burglary who defend themselves against perpetrators of robbery cannot be punished, because the victim can carry out an emergency defense so that obtain reasons for criminal abolition which can reduce punishment or not be subject to punishment.

 

 

Keywords: Emergency Defense, Victims, Disloyalty, Murder

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Published

2023-03-23