KAJIAN YURIDIS TENTANG PENGHENTIAN PENYIDIKAN DALAM PEMBUNUHAN KARENA PEMBELAAN TERPAKSA YANG MELAMPAUI BATAS

Abstract

KAJIAN YURIDIS TENTANG PENGHENTIAN PENYIDIKAN DALAM PEMBUNUHAN KARENA PEMBELAAN TERPAKSA YANG MELAMPAUI BATAS

 ABSTRACT: The termination of investigations used by the police in handling a criminal case is contained in Article 109 paragraph 2 of the Criminal Procedure Code. Forced defense that exceeds the limits is regulated in Article 49 paragraph (2) of the Criminal Code. The case of forced defense that exceeded the limits that occurred in Central Lombok, NTB caused two people to die. The police concluded that the incident was an act of forced defense so that no element of illegal action was found both formally and materially. The police reasoned that it was based on the principles of proportionality and legality, accountability, and necessity. This research aims to explain and analyze whether legally the police agency can issue an Order to Stop Investigation of murder due to forced defense that exceeds the limits and what the existence of the police agency is in the process of handling criminal acts of murder due to forced defense that exceeds the limits according to the criminal justice system. The method used is normative with a statue approach, case approach and conceptual approach, the data source used is a secondary data source, consisting of primary legal material, secondary legal material and tertiary legal material, the data analysis technique is by carrying out an analysis of the legal material through analytical activities and the nature of this research is prescriptive. The results of the research and analysis carried out by the author are that the requirements for issuing SP3 were not met because the perpetrator of the robbery died and the criminal act was seen from the locus, tempus delicti, the principles used by the Police in issuing SP3 without any clear legal reasons. Forced defense that exceeds the limit is still unlawful, but there are other factors that will be considered by the judge, whether the act is truly a forced defense whose liability can be removed by justifying or forgiving reasons or not, whether the act is truly included in the law. Article 49 of the Criminal Code (KUHP) through interpretation carried out by the Judge. In conclusion, legally the Police Agency cannot issue an Order to Stop Investigation in a murder because the defense is forced to exceed the limits. The judge will examine and decide whether the act falls within the elements of Article 49 paragraph (2) of the Criminal Code (KUHP) or not.

Keywords: SP3, Forced Defense that Exceeds Limits.