Law Development Journal
Vol 4, No 1 (2022): March 2022

The Application of Principle of Mistake as Legal Liability on the Criminal Theft

Muhammad Heriyansyah (Unknown)
Amin Purnawan (Unknown)
Achmad Sulchan (Unknown)

Article Info

Publish Date
12 May 2022

Abstract

This study aims to determine the application of the principle of error as legal responsibility for the crime of theft in the Tanjungpinang District Court Decision. By using a normative juridical approach that is descriptive analytical. The results of the study showed that the application of the principle of guilt as absolute liability in criminal law as the basis for imposing a crime, the defendant was proven unlawfully against the law in violating the material elements of Article 363 paragraph (1) 3 and 4 of the Criminal Code. So the form of error committed by the defendant if qualified is intentional. Deliberately can mean deliberately to do something and deliberately not to do something that should be done.

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Journal Info
Law Development Journal
Website

Abbrev

ldj

Publisher

Universitas Islam Sultan Agung

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

The aims of this journal is to provide a venue for academicians, researchers and practitioners for publishing the original research articles or review articles. The focus and scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; ...