Novus Actus Interveniens in The Context of Criminal Law in Indonesia
DOI:
https://doi.org/10.21512/humaniora.v7i2.3527Keywords:
novus actus interveniens, intervention, causality, criminal lawAbstract
The doctrine of novus actus interveniens used in causation to establish the liability of the principle offender for a prohibited result. The doctrine can be used in various legal fields in both civil and criminal law. The aim of this study was finding the kind of intervention that conducted by another actor, a victim or a medical worker, a non-human agent such as an animal or nature, could influenced the judge’s decisions in determining the defendant in accordance with novus actus interveniens doctrine. The method used was the normative method. The normative method in the study of jurisprudence was a method used to study secondary data sources on some legal documents. These secondary data sources were composed of some legal materials, namely primary legal materials consisting of the KUHP (the Indonesia Penal Code) and court decisions that have permanent legal force. This study finds that the doctrine of novus actus interveniens unfortunately is not commonly used by judges, prosecutors, lawyers and legal experts in Indonesia even though it can be used to solve problems in finding material truth.
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References
Boberg, P. Q. R. (1959). Reflections on the Novus Actus Interveniens. The South African Journal, 76 S African L. J. 280.
Gerner, B. A. (2004). Black’s Law Dictionary, 8th Edition. USA: Thomson Business.
Hart, H.L.A., & Honore, A. M. (1959). Causation in the Law, 1st Edition. Oxford: Oxford University Press.
Keiler, J., & Roef, D. (2015). Comparative Concepts of Criminal Law. Cambridge: Intersentia.
Mahkamah Agung Republik Indonesia. 2010. Putusan Mahkamah Agung No. 862 K/Pid.Sus/2010. Tentang Pidana Khusus.
Mahkamah Agung Republik Indonesia. 2012. Putusan Mahkamah Agung Nomor: 135/Pid.B/2012/PN.MR. Tentang Pidana Khusus.
Mahkamah Agung Republik Indonesia. 2013. Putusan Mahkamah Agung No. 782/Pid.B/2013/PN.Jkt.Pst. Tentang Kejahatan terhadap Kemerdekaan Orang Lain.
Mahkamah Agung Republik Indonesia. 2014. Putusan Mahkamah Agung No. 124/Pid/2014/PT.Bdg. Tentang Pidana Pemalsuan Surat.
Moeljatno. (2002). Asas-Asas Hukum Pidana. Jakarta: Rineke Citpa.
Remmelink, J. (2014). Pengantar Hukum Pidana Material 1 (Inleiding Tot De Studie Van Het Nederlandse Strafrecht). Yogyakarta: Maharsa Publishing.
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