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Implementation of Compulsory Defence In The Indonesian Criminal Justice System: A Normative Analysis and Study of Court Decisions Kayla Andini Putri; Kuswandi
Indonesian Journal of Law and Justice Vol. 3 No. 2 (2025): December
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v3i2.5273

Abstract

Necessary defence is a criminal defence that plays an important role in Indonesian criminal law, especially amid increasing public vulnerability to the threat of crime. Although it is regulated in Article 49 of the Criminal Code and reinforced by Article 34 of Law Number 1 of 2023, its application in practice still faces various problems. The main problem lies in law enforcement officials' assessment of the elements of forced defence, such as proportionality, immediacy, inability to avoid, and the psychological condition of the perpetrator, which often leads to the criminalisation of defensive actions that should be lawful. This study uses a normative juridical approach with case studies of Donggala District Court Decision Number 32/Pid.B/2021, Sinjai District Court Decision Number 101/Pid.B/2024, and the Amaq Sinta case to examine the consistency of the application of forced defence in judicial practice. The results of the study show that the application of noodweer is highly dependent on the objectivity of investigators and the thoroughness of judges in understanding the factual context and the dynamics of the threat faced by the perpetrator. Differences in understanding among officials often create a gap between legal norms and law enforcement practices. Therefore, standardised interpretation, clear technical guidelines, and capacity building for officials are needed so that self-defence can realise substantive justice and effective protection of the right to life and safety of individuals.
Peran Lingkungan dan Media Sosial Dalam Upaya Pencegahan Kenakalan Remaja di SMA Negeri 1 Ciranjang Trini Handyani; Mia Amalia; Hilman Nur; M. Budi Mulyadi; Kayla Andini Putri; Ajeng Permana; Ira Permatasari; Wandi Setiawan
KADARKUM: Jurnal Pengabdian Kepada Masyarakat Vol. 5 No. 2 (2024): Desember
Publisher : Fakultas Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/kdrkm.v5i2.11323

Abstract

This service activity aims to increase the awareness of SMA Negeri 1 Ciranjang students towards the prevention of juvenile delinquency, especially bullying and sexual violence, through the role of the environment and social media. The method applied includes pre-test, material presentation by lecturers, panel discussion, and post-test. The material presented included the role of schools in building positive habits, sexual harassment prevention strategies, and strengthening the value of mutual cooperation as a form of tolerance in everyday life. The pre-test was used to measure students' initial level of understanding, while the post-test evaluated the increase in understanding after the activity. The results of the service show that students have a better understanding of the negative impact of juvenile delinquency and the importance of creating a safe environment at school. As many as 78.8% of students felt that this activity helped them understand issues related to bullying, sexual violence, and the wise use of social media. Supporting factors for the success of this program include full support from the school and the enthusiasm of the participants, while inhibiting factors include time constraints and a less conducive atmosphere. This activity is expected to provide students with insights on how to protect themselves from the threat of violence, understand the importance of tolerance, and increase awareness of the importance of maintaining local cultural values. Recommendations for future activities include developing more comprehensive materials and increasing participant engagement to create a more inclusive and safe school environment.