RUMUSAN UNSUR “MENDORONG & MENOLONG” PADA ORANG YANG MENYEBABKAN PERBUATAN BUNUH DIRI DALAM PASAL 345 KUHP DITINJAU DARI ASAS LEGALITAS

The phenomenon of suicide is one of the things that is difficult to handle in the midst of the social environment of society. Suicide occurs because of many factors behind it, starting from internal factors such as mental health and physical condition, then external factors such as problems in the family environment, social environment, economic factors, and factors of criminal acts that befall the victim. Juridically, Indonesian criminal law regulates suicide in Article 345 of the Criminal Code. This research was conducted with the type of Normative Legal Research with Qualitative Data Analysis. The approach method used by researchers is the Statue Approach and Conceptual Approach. The legal material used is library material (Secondary data), in secondary data there are three kinds of legal material, namely Primary Legal material, Secondary Legal material, and Tertiary Legal material. Then in this study the data collection technique used is a literature study, this technique is used to collect legal materials (secondary data) by studying, analyzing, and identifying laws and regulations. The results of this study explain that the element of "encouraging and helping" in the act of suicide in Article 345 of the Criminal Code is not in accordance with the Lex Certa principle in the Principle of Legality. The phrase "encouraging and helping" has experienced a slight blurring of meaning because the two phrases contain figurative meaning and are written in the same way. Then the results of this study the author also suggests related to the limits of the "encouraging and helping" elements in Article 345 of the Criminal Code. In the element of encouraging there are limitations such as the existence of a relationship with the person concerned, the existence of an act, the act is done intentionally, there is death by suicide, and the will of the encourager. Then with the limitation of the element of "helping" is limited to actions, namely, the existence of intent or awareness, the element of facilitating or facilitating, the existence of participation / participation, the death of suicide, and the act of helping is carried out at one time with the execution of suicide.