Defense (Noodweer) As the Reason for the Elimination of the Crime of Persecution

Abstract

Forced defense (noodweer) is one of the justifications in criminal law that can eliminate criminal liability for an act that is basically unlawful, but is carried out to defend oneself from an unlawful attack. The regulation regarding noodweer still often causes debate in judicial practice, especially in cases of abuse. This study aims to examine the regulation of forced defense in Indonesian criminal law and analyze its application in cases of criminal abuse. This study uses a normative legal method with a statutory approach and a conceptual approach, through analysis of secondary legal materials. The case study in case No. 101/Pid.B/2024/PN.Snj shows that the judge acquitted the defendant because he was proven to have committed a forced defense. The elements of defense that can eliminate criminal liability include an unlawful attack, actions carried out proportionally and subsidiary, not accompanied by malicious intent, and carried out at the place and time of the incident. These results show the importance of a proper understanding of the concept of noodweer in the criminal justice process.