Legal Certainty of Noodweer as an Excuse Justification for the Decision of the Blora District Court Number 109/PID/B/2015/PN/BLA

DOI

10.2991/assehr.k.201209.155How to use a DOI?

Keywords

legal certainty, noodweer, excuse justification

Abstract

Criminal law is the law that regulates violations and crimes. In addition to regulating the matter, criminal law also regulates criminal proceedings, one of which is the reason for criminal eradication. The reason for criminal offenses is divided into two, which called excuse and justification. The excuse justification is the reason that eliminates the unlawful nature of the act, so that the offender’s nature can be denied. However, in Decision 109 / PID / B / 2015 / PN / BLA where the defendant was doing noodweer, the judge did not consider the general rules of punishment regarding noodweer. The problem is how the certainty of the noodweer as a excuse justification for the Blora District Court Decision number 109 / PID / B / 2015 / PN / BLA? Normative research methods are used to answer this problem. There are two approaches to assessing problems, namely the legislative approach and the case approach. The analytical technique applied to answer the above problems is through deductive analysis. From the results of the discussion it can be concluded that in the Decision the judge did not pay attention to the provisions of the noodweer properly. In the case there was a noodweer as a excuse justification for causing the removal of the nature of the conviction. So that the perpetrators cannot be subject to criminal sanctions.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Ade Adhari
AU  - Rinaldo Julian Winata
PY  - 2020
DA  - 2020/12/12
TI  - Legal Certainty of Noodweer as an Excuse Justification for the Decision of the Blora District Court Number 109/PID/B/2015/PN/BLA
BT  - Proceedings of the 2nd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2020)
PB  - Atlantis Press
SP  - 980
EP  - 986
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201209.155
DO  - 10.2991/assehr.k.201209.155
ID  - Adhari2020
ER  -