PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN PELAKU PEMBUNUHAN KARENA PEMBELAAN TERPAKSA (NOODWEER) (Studi Putusan Nomor 794/Pid.B/2014/PN Llg)

Abstract

ABSTRACT Murder because of forced defense (noodweer) is regulated in Article 49 Paragraph (1) of the Criminal Code. The aims of the research are: (1) To find out the judge's decision against the murderer because of a forced defense (noodweer) in the decision Number 794/Pid.B/2014/PN Llg? (2) To find out the judge's considerations in making a decision against the perpetrator of the murder because of a forced defense (noodweer) in the decision Number 794/Pid.B/2014/PN Llg? The type of research used is normative juridical research. The results of the study (1) The defendant IS was not legally and convincingly proven guilty of committing a crime as charged in the primary and subsidiary charges. (2) Juridical and non-juridical judges' considerations