Kurdish Studies

ISSN: 2051-4883 | e-ISSN: 2051-4891
Email: editor@kurdishstudies.net

Crime Victim Becomes a Suspect due to Self-Defense

Yusuf Gunawan
Lecturer at Stih Iblam
Keywords: Crime, Self-defense, Criminal.

Abstract

Self-defense is a right owned by everyone to protect themselves from the threat of crime. This right is protected by law, including in criminal law as contained in the Criminal Code (KUHP), self-defense is regulated in Article 49. This article states that a person is not convicted if he commits an act in defense, because there is an attack or threat of attack at that time that is against the law, against himself or another person; against the honor of decency (eerbaarheid) or property of himself or another person but the reality in the application of Article 49 of the KHUP is different in the case of self-defense which causes "other criminal acts." The purpose of this study is to find out how the Criminal Code regulation on self-defense from the threat of crime and the application of the Criminal Code on self-defense from the threat of crime in terms of justice. The formulation of this research problem is: 1. How does the Criminal Code regulate self-defense from the threat of crime? 2. How is the application of the Criminal Code on self-defense from the threat of crime in terms of justice? This research method uses a qualitative method which focuses on in-depth observations with a literature study approach, formative juridical, cases and comparisons of legal applications in other countries which are analyzed based on the theory of Legal Application and the theory of Justice. The conclusion of this research is that Article 49 of the Criminal Code actually provides protection against acts of self-defense from the threat of criminal acts but in reality a person can be legally charged if he does not fulfill the elements of self-defense against attacks on him so that it can be a justification for the act of self-defense. It is suggested that the police, prosecutors and judges can carefully and precisely apply Article 49 of the Criminal Code and it is necessary that the article needs to be revised and added not only to people who experience directly the threat of crime but people who know the crime can defend and help the crime that occurred without being threatened with unlawful acts and being punished.

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Keywords

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