Analisis Kasus Pidana yang Mempunyai Hubungan Kasualitas

SAMARA, Finsensius (2024) Analisis Kasus Pidana yang Mempunyai Hubungan Kasualitas. Jurnal Ilmiah Multidisipliner (JIM), 8 (7). pp. 148-157. ISSN 2118-7300

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Abstract

This research analyzes the concept of causality in criminal law through a case study of premeditated murder. The aim of this research is to understand how causality theories are applied in determining the causal relationship between the perpetrator's actions and the resulting consequences in the context of criminal law. The causality theories analyzed include Conditio Sine Qua Non theory, Adequate theory, Relevance theory, and Risk theory. The case study described is a case of premeditated murder where the fraudster, A, lied about poisoning the food which caused the death of the victim, B. The results of the analysis show that A's actions have a strong causal relationship with B's death based on the third theory of main causality applied. The Conditio Sine Qua Non theory shows that without A's action, B's death would not have occurred, making this action an absolute condition for the effect to occur. The Adequat theory reinforces that the act of poisoning food is reasonably expected to cause death. Relevance Theory examines that an action violates applicable legal norms, making the action relevant to the consequences that occur. The conclusion of this research emphasizes the importance of applying causality theories in the criminal law enforcement process to achieve fair and evidence-based decisions. A deep understanding of causality helps in determining criminal responsibility appropriately and ensures that justice is served in every criminal case.

Item Type: Article
Uncontrolled Keywords: Causality, Criminal Law, Premeditated Murder, Conditio Sine Qua Non Theory, Adequate Theory, Relevance Theory
Subjects: H Social Sciences > HX Socialism. Communism. Anarchism
K Law > K Law (General)
Divisions: Fakultas Hukum > Program Studi Hukum
Depositing User: S.Ptk Hendra Silvester
Date Deposited: 03 Jun 2025 06:32
Last Modified: 03 Jun 2025 06:32
URI: http://repository.unwira.ac.id/id/eprint/19906

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