LEGAL PROTECTION FOR PERPETRATORS BEGAL OF MURDER ON THE BASIS OF FORCED DEFENSE
Rizki Rahmania (a*), M. Gaussyah(b), Mohd. Din(c), Mahmud Mulyadi(d), Rosmalinda(e)

a) Faculty of Law, Universitas Sumatera Utara, Jalan Universitas 19, Medan 20132, Indonesia
*fh[at]usu.ac.id

b) Faculty of Law, Universitas Syiah Kuala, Jalan Putroe Phang 1, Aceh 23111
*hukum[at]usk.ac.id

Abstract

A criminal act is an act that is prohibited by law and is subject to sanctions. Not all acts that violate the provisions of the law can be convicted, as contained in article 49 of the Criminal Code which was once called a criminal penalty. A person who is a victim of a criminal act of ransom in an affected situation which threatens his life who commits the act shall not be punished. This research was conducted with the aim of revealing how an act can be categorized as a defense and how is the legal protection for the perpetrator of murder on the basis of defense. The research used is normative legal research. The results of this study indicated that an act which states that it cannot be charged in accordance with Article 49 of the Criminal Code, is that a criminal act is committed in a threatening situation or an immediate attack, such as a victim of tampering with self-defense. Judges as law enforcers who examine and decide on evidence that can see evidence of the perpetrator^s actions of self-defense that meet the elements of the defense. The judge also considered the reasons for the offender that could make it easier, especially since the perpetrator who did self-defense was still classified as a child. To law enforcement officials, judges in defending offenders who pay more attention to someone who is doing it so that justice can be created.

Keywords: Forced Defense, Murder, Legal Protection

Topic: Law