Agus Rusianto (2015) Sifat Melawan Hukum Dan Kesalahan Dalam Pertanggungjawaban Pidana. Disertasi thesis, UNIVERSITAS AIRLANGGA.

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Abstract

riminal responsibility is an valuation after its proven criminal act to determine whether an actor is liable or not for the criminal act conducted. This is on the elements of: 1. The unlawfulness which is not as an element of a crimal act, 2. The fault that is not as the element of a criminal act, 3. The absence of justification, and 4. The absence of ground for exculpation, 5. The ability to take responsibility. The unlawfulness as the element of the criminal responsibility is evaluated in accordance with the existence of a legal interest to be protected, violated by the actors, thus classified as blameworty acts. While that of fault is evaluated with the purpose of legal norm establishment by legislators meaning that actors ought to be disgraced or not, hence classified as normative. Such purpose can be derived from moral, social, and ethical norms, that have been formed into a legal norm with teleological valuation. The unlawfulness and faults in the formulation of criminal acts is the main element. This is not as a constitutive element in such formulation, so it is not always stated explicitly in the formulation. When one of the elements of criminal acts is not fulfilled, it will result in not guilty (vrijspraak). The ground for justification does not depend on the explicit inclusion of elements of the unlawfulness in the formulation of criminal acts. The ground for exculpation does not depend on the inclusion of faults form (intentional and culpabilty) in the formulation. When the judge evaluates the unlawfulness as the element for criminal responsibility, the crime elements are not re-evaluated. It is the criminal acts conducted by actors, liable or not, that is considered as the ground for criminal responsibility. If criminal acts conducted are not liable, actors will be regardless of all criminal charges (ontslag van alle rechtsvervolging).

Item Type:	Thesis (Disertasi)
Additional Information:	KKB KK-2 Dis H. 10-15 Rus s
Uncontrolled Keywords:	the unlawfulness, faults, criminal act, and criminal responsibility.
Subjects:	K Law > K Law (General) > K1-7720 Law in general. Comparative and uniform law. Jurisprudence > K(520)-5582 Comparative law. International uniform law > K5000-5582 Criminal law and procedure > K5015.4-5350 Criminal law
Divisions:	03. Fakultas Hukum > Dasar Ilmu Hukum
Creators:	Creators NIM Agus Rusianto NIM031170113
Contributors:	Contribution Name NIDN / NIDK Thesis advisor Didik Endro Purwoleksono, NIDN0025036204 Thesis advisor Nur Basuki Minarno NIDN0013106306 Thesis advisor Sarwirini NIDN0029096007
Depositing User:	Tn Joko Iskandar
Date Deposited:	11 Oct 2016 02:07
Last Modified:	16 Apr 2020 05:05
URI:	http://repository.unair.ac.id/id/eprint/32535
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