International Journal of Law
International Journal of Law
International Journal of Law
Vol. 8, Issue 3 (2022)

The legal status of the victims survive and against the begal to the death based on article 48 and 49 of the book of criminal law in Indonesia


Wawan Fransisco

For the sake of survival and high economic demands to meet the diverse needs of life along with technological advances and the development of a fairly dynamic era, humans often justify all means without seeing the legal norms that apply in society. This can have a negative impact on survival in the community. One form of crime that is now rife is the crime of burglary (violent theft) which we can find on television, print media, online media and social media, causing discomfort and injustice to the surrounding environment. As in the statement, there are cases of emergency self-defense against oneself or others to protect other people's property and defend their rights. The purpose of this study is to find out Knowingthe legal status of the victim survives and fights the perpetrators of the robbery to death in Indonesia, the type of research carried out is normative legal research, which is descriptive in nature by describing the evidence and legal consequences of victims who commit murder of burglars in self-defense, so that they do not test the hypothesis. Criminal acts committed by someone in a threatened condition so that they carry out self-defense in an emergency, in accordance with the provisions of Article 48 and 49 of the Criminal Code, the victim of a criminal act of robbery who defends himself against the perpetrator of the robbery cannot be punished, because the victim can make an emergency defense so that get a reason for the abolition of a sentence which can reduce the sentence or not be punished. However, to carry out an emergency defense, of course, there are several things that must be fulfilled, namely: a. the existence of an action, b. existence of unlawful nature, c. ability to be responsible, d. be subject to criminal or criminal penalties.
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How to cite this article:
Wawan Fransisco. The legal status of the victims survive and against the begal to the death based on article 48 and 49 of the book of criminal law in Indonesia. International Journal of Law, Volume 8, Issue 3, 2022, Pages 20-26
International Journal of Law