The Implementation of Noodweer Exceeds to Perpetrators of Murder in the Practice of Criminal Justice Practices in Indonesia

• Published in: International journal of multicultural and multireligious understanding 2020-03, Vol.7 (2), p.540
• Main Authors: Hosnah, Asmak Ul, Djakarsih Putro, Sapto Handoyo, Azis, Umar A.
• Format: Article
• Language: English
• ISSN: 2364-5369; 2364-5369
• DOI: 10.18415/ijmmu.v7i2.1523

Article 49 of the Indonesian Criminal Code regulates acts of "emergency defense" or "forced defense" (Noodweer) for oneself or others, honor, decency or property of themselves or others, because there is an attack or threat of a very close attack. The provision on emergency defense (Noodweer Exces) is a universal principle that the state is not fit to sue its citizens to surrender to let injustice befall them, injustice need not defeat the law. Noodweer Exces is a defense caused by a great mental shock. Not all acts that fulfill all elements of a criminal offense can be convicted of a criminal offense, but the Judge can give an acquittal or acquittal. The possibility of a judge giving a free decision on a criminal offense that has been committed is part of the principle in the criminal justice system in force in Indonesia. The problem is, are there reasons justified by criminal law for a judge to give an acquittal decision or the perpetrator's actions cannot be accounted for a criminal offense committed. The reason referred to is interpreted as a reason for a criminal eraser or a reason for criminal negation.