KULIAH

HUKUM

DR.Cand.UYUN SAEPUL UYUN.S.H.,M.H.,CH.,CHt.,CEF.CP

ngopi.hukum.bdg@gmail.com
01 PERBUATAN PIDANA Kesalahan
1. Pengertian kesalahan
2. Unsur-unsur kesalahan
a. Mampu bertanggung jawab
b. Kesengajaan (dolus)
02 CAUSALITAS c. Kealpaan (culpa)
d. Tidak ada alasan pemaaf

03 PERBUATAN MELAWAN HUKUM

04 OVERMACHT / KEADAAN MEMAKSA 04 Perbuatan Pidana,

Causalitas & Sifat
Melawan Hukum

ngopi.hukum.bdg@gmail.com
Perbuatan Pidana
CAUSALITAS
Sifat Melawan Hukum
[Onrechtmatigheid]

ADANYA PERBUATAN YANG DILARANG

AKIBAT DARI PERBUATAN ITU YG MENJADI DASAR ALASAN

DILARANGNYA PERBUATAN TSB

SIFAT MELANGGAR HUKUM DARI ADANYA RANGKAIAN SEBAB

AKIBAT TERSEBUT

ISTILAH LAIN
Wederrechtelijkheid
 Pasal 48 KUH-Pidana
Tidaklah Dapat dihukum barangsiapa telah melakukan sesuatu perbuatan
dibawah pengaruh dari suatu keadaan yang memaksa.

Apa Overmacht itu ?? Apa sebab sesuatu hukuman

tidak dapat dijatuhkan terhadap yang telah berbuat
sesuatu ??
MvT ; Suatu penyebab yang datang dari luar yg membuat sesuat perbuatan itu (elke Kracht-elke dwang) / setiap
kekuatan, setiap paksaan, setiap tekanan, dimana terhadap kekuatan, paksaan / tekanan itu orang tidak dapat
melakukan perlawanan.

3 Peristiwa Pokok dimana Overmacht dapat terjadi :

1. Terdapatnya Pemaksaan secara fisik
2. Terdapatnya pemaksaan secara psikis
3. Terdapatnya keadaan (Nothstand), adanya suatu pertentangan kewajiban hukum yg satu dg kewajiban
hukum yg lain, adanya suatu pertentangan kewajiban hukum dg kepentingan hukuman, adanya suatu
pertentangan antara kepentingan yg satu dg kepentingan hukum yg lain

OVERMACHT /
KEADAAN
MEMAKSA
 Sifat Melawan
Hukum
[Onrechtmatigheid]
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