Legal Implications of Stopping the Investigation Because the Forced Defense (Noodweer) and Emergency Defense Exceed the Limits (Noodweer Excesses)

Abstract

This article examines the legal implications of stopping an investigation because the forced defense (noodweer) and emergency defense exceed the limits (noodweer excesses) of the legal framework in Indonesia. This is because there are three cases with different handling. This type of research is normative juridical research with a statutory approach and a case approach. The results of the study indicate that the legal implications of stopping the investigation on grounds of forced defense (noodweer) and emergency defense beyond the limit (noodweer excesses) are the non-realization of the value of legal certainty and the principle of legality which is the basis of criminal law, including material criminal law (criminal law book/KUHP) and criminal law formal (criminal procedure law/KUHAP).