PENERAPAN PUTUSAN LEPAS DALAM PEMBELAAN PAKSA YANG MELAMPAUI BATAS (NOODWEER EXCES) TERHADAP PELAKU TINDAK PIDANA PENGANIAYAAN YANG MENYEBABKAN KEMATIAN (Studi Perkara Nomor 41/Pid.B/2019/PN.Rno)

Abstract

ABSTRACT Persecution resulting in death is regulated in Article 351 Paragraph (3) of the Criminal Code. An example of a case can be found in Decision No. 41/Pid.B/2019/PN.Rno. Formulation of the problem: (1) How is the application of the acquittal in noodweer excesses against perpetrators of criminal acts of persecution that caused death in case Number 41/Pid.B/2019/PN.Rno?. (2) What is the judge's consideration in noodweer excesses against perpetrators of criminal acts of persecution that caused the death of case Number 41/Pid.B/2019/PN.Rno?. the type of research is juridical normative. The data source used secondary data (primary, secondary, tertiary legal materials). The data collection method is a document study where the data will be analyzed by qualitative methods. Conclusion: (1) the defendant was proven to have violated Article 351 Paragraph (3) but was decided to be released because his actions were noodweer excesses. (2) Judges consider juridically and non-juridically.