PENERAPAN PEMBELAAN TERPAKSA TERHADAP PELAKU DALAM TINDAK PIDANA PENGANIAYAAN YANG MENYEBABKAN KEMATIAN (STUDI KASUS PUTUSAN PENGADILAN NEGERI PASIR PANGARAIAN NOMOR 39/PID.B/2019/PN.PRP)

Abstract

Noodweer is an action taken in a state of urgency. The problems faced in this study are how to
justify the perpetrators who commit crimes of persecution that cause death in the context of
self-defense and how to apply forced defense of perpetrators in criminal acts of persecution that
cause death related to the Decision of the Pasir Pengaraian District Court Number 39/Pid.B
/2019/PN.Prp). The research method in this study is a normative juridical legal research method.
The results showed that the justification for the perpetrators who committed the crime of
persecution that caused death in the context of self-defense were coercive circumstances, forced
defense (noodweer), the existence of a statutory regulation and carrying out of ice orders. The
application of a forced defense of the perpetrator in the criminal act of persecution that caused
death related to the Decision of the Pasir Pengaraian District Court Number
39/Pid.B/2019/PN.Prp, in which in this case the perpetrator of the defense was forced to be
justified in making a forced defense due to such circumstances and conditions. that happened. The
situation is very forced to show that there is no alternative that can be done to deal with a threat of
attack or attack because of its urgency, so it is necessary to carry out a forced defense. This
condition indicates that if there is a way of defending that causes less harm or no harm to the
other person at all, then that method must be prioritized.