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

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.

Authors

Institutions

Publication Details

Journal
JURNAL ILMIAH GLOBAL EDUCATION
Published
2025-09-23
DOI
https://doi.org/10.55681/jige.v6i3.4138
Citations
2
Primary Topic
Legal Issues in South Africa
Type
article
Field-Weighted Citation Impact
31.97
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

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

Kusbianto Kusbianto, Ariman Sitompul, Vincent Desranta
2 citations
JURNAL ILMIAH GLOBAL EDUCATION
Legal Issues in South Africa
31.97
article

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

Kusbianto Kusbianto, Ariman Sitompul, Vincent Desranta
article en
2 citations

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.

JURNAL ILMIAH GLOBAL EDUCATIONVol. 6(3)
Universitas Dharmawangsa (ID)
Openalex Percentile: Top 0%
Legal Issues in South Africa
31.97
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.