Pertanggungjawaban Pidana Penanggungjawab Lapangan Tembak Terhadap Korban Meledaknya Granat Di Bogor

Abstract

Criminal liability or mistakes are known through the principle of not being convicted if there are no errors. While mistakes themselves have four elements. Among the elements of crime and responsibility that gave birth to mistakes. In the formulation of a criminal offense, the formulation of material offense is very much related to the teachings of causality. In the teachings of causality or Conditio Sine Qua Non there are three theories known. The theory of causality that is very close to criminal liability is the theory of individualization, which is the closest cause that results in the prohibition of the act. The closest cause is the one responsible and for him to be applied criminal. Two children died and one was seriously injured as a result of a grenade obtained from the TNI shooting range which was beaten by a victim and finally exploded and killed, the closest cause in this case was the explosion of a grenade caused by the act or the victim's own actions. So article 359 of the Criminal Code cannot be applied to anyone. Because grenades are rare items found in military training areas, the relevant TNI institutions should comply with the provisions of PP No. 68 of 2014 concerning the Arrangement of National Defense Areas.