LEGAL ARRANGEMENTS REGARDING REASONS FOR THE ELIMINATION OF CRIMINAL PROCEDURE IN THE CRIMINAL CODE (KUHP)

Abstract

The current Penal Code, especially the regulation of reasons that can eliminate criminality, is influenced by neo-classical schools. Such influence is seen in considering the personal self-worth of the offender and about other conditions that cause a person to commit a violation against the law (an act that can be punished). This can be seen by the regulation regarding the abolition, reduction and weighting of penalties as formulated in Chapter III of the First Book of the Criminal Code. The birth of the reasons for the elimination of crimes in the modern criminal system is inseparable from the emergence or birth of schools in criminal law that have been known, namely the classical school, neo-classical and positive schools. These streams are not looking for a legal basis or justification of the criminal / law as contained in criminal theories, but trying to find the purpose of imposing a criminal sanction is applied along with the development of society. Reasons for the elimination of criminal penalties for perpetrators of criminal offenses are regulated in the first book (general regulation) of the Criminal Code (KUHP), which includes Article 44 which regulates mentally ill offenders, Article 48 which is forced , Article 49, which is about self-defense, Article 50, which is about implementing Law and Article 51, which is about carrying out orders.

Keywords: Legal Arrangement, Reasons for the Elimination of Criminal Procedure, Criminal Code