STUDI KOMPARATIF UNSUR PEMBELAAN DIRI MENURUT HUKUM PIDANA POSITIF DAN HUKUM PIDANA ISLAM SEBAGAI ALASAN PEMAAF DAN PEMBENAR
| Main Author: | DWI ADITYO, RAYNO |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2010
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| Subjects: | |
| Online Access: |
http://eprints.umm.ac.id/2031/1/STUDI_KOMPARATIF_UNSUR_PEMBELAAN_DIRI_MENURUTHUKUM_PIDANA_POSITIF_DAN_HUKUM_PIDANA_ISLAM_SEBAGAI_ALASAN_PEMAAF_DAN_PEMBENAR.pdf http://eprints.umm.ac.id/2031/ |
Daftar Isi:
- There are legal ground abolition crime punished at both of law system between positive law punished crime and Islamic law punished crime as reason of forgiveful and correctness can liberater abolishing people from punishing which as the background. Researcher taken formulation topic problem’s: 1. What equation and difference, noodweer, noodweer exces, and daf’ush-sha’il? 2. What excess and weakness, noodweer, noodweer exces, and daf’ush-sha’il? This reaseach using approach method Yuridis Normatif and Komparatif, and in approach Islamic law using ijma, data gathering in front of law materials which have fastening the power of law which from the Al-Quran, Al-Hadist, KUHP, book of crime law and Islamic law, book of fiqh Jinayah, book of fikih as primary law materials. Materials which slivered relation with primary law materials which came from result of erudite masterpiece, result research as law secondary materials. Suporter Material of primary law material and secondary material which came from law dictionary, term dictionary, Indonesian language dictionary as the third law materials. Later the data result of research analysed at deskriptif analitis. From result of research, reasercher founded the same both of them among the elements, Background the reason why people cannot be punished in meaning. The defference terminology and law elementary, extention noodweer that is noodweer exces, defference in perspektif, in character, and case of running in self.. The conclution deferrence and the same thing on booth of law mention between the elements, the reason why people cannot be punished in meaning, the terminologi and elemtary law, extention noodweer that is noodweer exces, defference in perspektif, in character, and case of running in self.