PERTANGGUNGJAWABAN PIDANA MENURUT HUKUM PIDANA TENTANG DAYA PAKSA (OVERMACHT)

Abstract

Criminal liability is stipulated two exceptions for non-criminal perpetrators caused by the non-fulfillment of subjective requirements of criminal liability caused by the personal will of the perpetrator. In general there are two reasons in which the offender can not be subject to criminal responsibility is the reason for forgiving where the reason is the perpetrator of a crime is a person who permanently disabled his life as stated in Article 44 of the Criminal Code and justification in which the offender committed a crime because of circumstances forcing and because orders of the Law as set forth in Article 48 of the Criminal Code and 49 paragraphs 1 and 2 of the Criminal Code. Basically this forgiving reason need not be proven by a psychiatrist enough there is recognition from the general public that the offender is a person who permanently disabled his soul.