BATASAN PEMBELAAN DIRI TERHADAP ANCAMAN PASAL 48 KITAB UNDANG-UNDANG HUKUM PIDANA (KUHP)
Nur Ikhram, iqbal (2024) BATASAN PEMBELAAN DIRI TERHADAP ANCAMAN PASAL 48 KITAB UNDANG-UNDANG HUKUM PIDANA (KUHP). Skripsi (S1) thesis, Universitas Muhammadiyah Ponorogo.
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Abstract
ABSTRACT
Crime can be understood as a violation of the law, whether civil or criminal law, depending on the type of action taken. This distinction is based on the type of violation that occurs and how the violation relates to the applicable regulations. If an action violates regulations that govern the rights and obligations of individuals in society, then the action is considered a civil law violation. Civil law functions to regulate relationships between individuals and legal entities, including rights, ownership, and other related matters. An example of a civil law violation is a breach of contract, where someone violates an agreement regarding debts, cooperation, or inheritance issues.
Research methods are systematic procedures used to seek truth in scientific work. The goal is to produce a high-quality dissertation that meets established research standards. This method involves various important stages, such as collecting relevant data and the techniques used in that process.
Article 48 of the Criminal Code (KUHP) provides the legal basis for self-defense in situations of necessity, and is reinforced by Article 49 of the Criminal Code, which states that actions taken to protect life, property, and honor cannot be considered criminal offenses. This article also aims to encourage the public to defend themselves from attacks or threats. However, in practice, there are still cases where victims who kill perpetrators are still considered suspects in criminal offenses. Therefore, it is important to study self-defense law to avoid its misuse to justify criminal acts.
Self-defense that exceeds the limit is actually not allowed because it is considered a violation of the law, even though Article 49, paragraph 2 states that such violations will not be punished. In other words, although the action is considered illegal, the perpetrator will not face legal penalties. The author suggests that the public understand that self-defense in emergencies, such as protecting life, property, and honor, is allowed and not considered a criminal offense. However, the public must also understand the criteria for legitimate self-defense so that criminal acts are not easily justified as self-defense. Authorities also need to be careful in determining whether an action is legitimate self-defense or not, to ensure fair law enforcement and create peace in society.
Keywords : law, crime, self-defense
Item Type: | Thesis (Skripsi (S1)) |
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Subjects: | K Law > K Law (General) |
Divisions: | Faculty of Laws |
Depositing User: | fh . userfh |
Date Deposited: | 17 Sep 2024 01:54 |
Last Modified: | 08 May 2025 07:20 |
URI: | https://eprints.umpo.ac.id/id/eprint/15243 |
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