Legal Protection Against Perpetrators of Murder Begal on The Basis of Forced Defense

DOI

10.2991/978-2-38476-366-5_50How to use a DOI?

Keywords

Legal Protection; Perpetrators; Murder Begal; Forced Defense

Abstract

This research was conducted with the aim of revealing how an act can be categorized as a defense and how is the legal protection for the perpetrator of murder on the basis of defense. A criminal act is an act that is prohibited by law and is subject to sanctions. Not all acts that violate the provisions of the law can be convicted, as contained in article 49 of the Criminal Code which was once called a criminal penalty. A person who is a victim of a criminal act of ransom in an affected situation which threatens his life who commits the act shall not be punished. The research used is normative legal research. The results of this study indicated that an act which states that it cannot be charged in accordance with Article 49 of the Criminal Code, is that a criminal act is committed in a threatening situation or an immediate attack, such as a victim of tampering with self-defense. Judges as law enforcers who examine and decide on evidence that can see evidence of the perpetrator’s actions of self-defense that meet the elements of the defense. The judge also considered the reasons for the offender that could make it easier, especially since the perpetrator who did self-defense was still classified as a child. To law enforcement officials, judges in defending offenders who pay more attention to someone who is doing it so that justice can be created.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Rizki Rahmania
AU  - M. Gaussyah
AU  - Mohd. Din
AU  - Mahmud Mulyadi
AU  - Rosmalinda
PY  - 2025
DA  - 2025/02/28
TI  - Legal Protection Against Perpetrators of Murder Begal on The Basis of Forced Defense
BT  - Proceedings of the 1st International Conference on Social Environment Diversity (ICOSEND 2024)
PB  - Atlantis Press
SP  - 532
EP  - 538
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-366-5_50
DO  - 10.2991/978-2-38476-366-5_50
ID  - Rahmania2025
ER  -