Ridho Handianto
Universitas Dirgantara Marsekal Suryadarma

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Pembelaan Terpaksa (Noodweer) dalam Perspektif Hukum Pidana Indonesia: Analisis atas Kasus Hogi Minaya Ridho Handianto
Journal of Contemporary Law Studies Vol. 3 No. 4 (2026): Agustus
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i4.6314

Abstract

Forced defense (noodweer) is a justification in Indonesian criminal law that permits a person to defend themselves or others against an immediate and unlawful attack. Although noodweer is expressly regulated in Article 34 of Law Number 1 of 2023 concerning the Criminal Code, problems remain in its application, particularly when a person who acts in response to an unlawful attack is subsequently designated as a suspect. This study aims to analyze the legal framework governing noodweer in Indonesian criminal law and to examine the obstacles to its application in suspect determination from the perspective of victim protection and the principle of justice under Law Number 20 of 2025 concerning the Criminal Procedure Code. This study employs normative legal research using statutory, conceptual, and case approaches, supported by primary, secondary, and tertiary legal materials. The results show that the regulation of noodweer provides an adequate normative basis as a justification; however, its implementation is constrained by formalistic interpretation, differences in assessing proportionality and immediacy, and suboptimal coordination between investigators and public prosecutors in examining the existence of justifications. These weaknesses may result in the criminalization of individuals who are initially positioned as victims or defenders, thereby undermining victim protection and substantive justice. The study concludes that noodweer must be assessed comprehensively from the early stages of investigation to ensure fair suspect determination and effective protection of victims.