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VOL. 10, ISSUE 1 (2024)
The act of Noodweer Exces in the crime of murder as a form of self-defence
Authors
Putra Pratama Sinulingga, Dahlan, Yusri
Abstract
The defense is forced to go beyond the limits
or in the Criminal Code (KUHP) it is known as noodweer excesses. This
arises because of a situation where a victim of a crime is in a situation or
condition of urgency so that he is forced to fight to defend and save his
property, honor, or life. This study highlights two problems related to noodweer.
First, the form of a criminal act which can be regarded as a forced defense.
Second, the basis for the abolition of the crime against the perpetrators of
forced defense. To uncover this issue, the research was conducted using a
qualitative method with a juridical normative approach through a statutory
approach and a conceptual approach using secondary data and then qualitatively
analyzed. The results of the study show that a forced defense does not mean
that this action is justified but because there is no other way to avoid it and
there must be a previous violation of the law. So that people who do this are
not subject to a violation of the law according to the concept contained in
Article 49 paragraph (1) of the Criminal Code which is interpreted as noodweer
excesses aiming to protect themselves and others, honor, decency, or their
own or other people's property. In addition, the basis for the abolition of the
crime against noodweer excesses is the legal conclusion on the facts
revealed at the trial as well as the values that follow and understand the
sense of justice that lives in society according to the judge's point of view
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Pages:95-97
How to cite this article:
Putra Pratama Sinulingga, Dahlan, Yusri "The act of <i>Noodweer Exces </i>in the crime of murder as a form of self-defence". International Journal of Law, Vol 10, Issue 1, 2024, Pages 95-97
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