ANALISIS PUTUSAN NOMOR 15/PID.B/2016/PN MII TENTANG PEMBELAAN TERPAKSA YANG MELAMPAUI BATAS YANG TIDAK DIPIDANA

Abstract

In cases of maltreatment causing serious injury or death, the defense of overreaching often becomes an important consideration in court. This thesis is based on a case of persecution resulting in serious injury in Malili District Court Decision Number 15/Pid.B/2016/PN MII. which aims to find out the legal interpretation of the phrase “great mental shock” in Decision Number 15/Pid.B/2016/PN MII and to find out the relationship between the considerations of the Panel of Judges in Decision Number 15/Pid.B/2016/PN MII with the principles of proportionality and subsidiarity. This research uses primary and secondary legal materials with prescriptive method. The result of the discussion in this thesis is that the phrase “Great Mental Shock” in Decision Number 15/Pid.B/2016/PN MII is the existence of mental pressure as a result of an attack or threat of attack that immediately causes feelings of anxiety, fear, and insecurity, which results in disruption of one's soul or mind. In addition, the forced defense that exceeded the limit carried out by the defendant can be accepted as a reason for exemption from criminal charges. Thus, this decision reflects the application of the principles of justice that prioritize expediency and legal certainty.