Honeste Vivere
Vol 33 No 2 (2023): July

KONSTRUKSI MOTIF DALAM PEMBUKTIAN PERKARA PIDANA

Adrianus Herman Henok (08111088335)



Article Info

Publish Date
24 Jul 2023

Abstract

Hans Jonas in the Ethics of Responsibility states that "Every time you take an action, also imagine the consequences of that action, meaning that if the action is bad then also imagine the bad consequences that will occur, conversely if the action is good then also imagine the good consequences that will occur, or in other words every action has good consequences such as rewards, as well as bad consequences, such as punishment." The purpose of this study is to examine the construction of motives in proving a criminal case based on positive law in Indonesia. The method used is normative juridical with analytical descriptive analysis by searching secondary data through various relevant legal materials. From the research it was concluded that motive plays an important role in proving the elements of a crime in a criminal case, especially those associated with elements of error and in the future motives will be increasingly relevant in relation to the goals and guidelines of sentencing.

Copyrights © 2023






Journal Info

Abbrev

hv

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Honeste Vivere is an open access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research in multiple governance policies and civil rights law, particularly in developing and emerging countries. These may include but are not limited to various ...