TINJAUAN YURIDIS ALASAN PENGHAPUS PIDANA BERUPA NOODWEER DAN NOODWEER EXCES (Studi Putusan Nomor 4/Pid.Sus-Anak/2016/PN.Ban dan Putusan Nomor 1/Pid.Sus-Anak/2020/PN.Kpn)
Subjek
:
Criminal law
Pengarang
:
`HANUM WIDIANTI
Pembimbing
:
Agus Raharjo,
Setya Wahyudi
Prodi
:
ILMU HUKUM
Tahun
:
2024
Call Number
:
345.02 WID t
Perpustakaan
:
Fakultas Hukum
Letak
:
1 eksemplar di Koleksi Referensi
Abstrak :
The phenomenon of child delinquency or aggressive actions that lead to child crime
has increased significantly. One of the causes of children committing criminal acts
is the presence of noodweer or noodweer excess to protect themselves or others
from attacks or threats of attack. The purpose of this research is to determine the
application of the law and the application of the concepts of noodweer and
noodweer excess in Decision Number 4/Pid.Sus-Anak/2016/PN.Ban and Decision
Number 1/Pid.Sus-Anak/2020/PN.Kpn. This research uses normative juridical
methods with prescriptive research specifications. The sources of legal materials
used are primary, secondary and tertiary legal materials. The method for collecting
legal materials is carried out by literature study. The analytical method used is
normative qualitative and is presented with narrative text. The results of this
research show that the child's actions in decision number 4/Pid.Sus-
Anak/2016/PN.Ban have fulfilled the elements of a criminal act of taking another
person's life as stated in Article 338 of the Criminal Code and in decision number
1/Pid.Sus-Anak/ 2020/PN.Kpn the judge has applied the elements of the criminal
act of abuse resulting in death in Article 351 paragraph (3) of the Criminal Code.
Decision number 4/Pid.Sus-Anak/2016/PN.Ban is appropriate because the child's
actions fulfill the elements of noodweer, so the child is not punished and is released
from all legal demands. Meanwhile, decision number 1/Pid.SusAnak/2020/PN.Kpn
is not appropriate because the child's actions fulfill the elements of noodweer
excess. In this decision the child should be released from all legal charges as an
implication of the existence of a forgiving reason that can eliminate the threat of
crime.
Keywords: Reasons for Abolition of Criminals; Noodweer; Noodweer Excess.