POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)
Vol. 4 No. 2 (2025): APRIL

Criminal Liability for Victims of Robbery Who Engage in Emergency Self-Defense

Purnamasari, Dewa Ayu Dwi (Unknown)
Yudistira Darmadi, A. A. Ngurah Oka (Unknown)



Article Info

Publish Date
14 Apr 2025

Abstract

The purpose of this writing is to examine criminal acts that can be classified under forced defense and to analyze the form of criminal liability for victims of robbery who defend themselves in emergency situations. This research applies a normative legal approach, utilizing the study and analysis of literature sources in accordance with primary, secondary, and tertiary legal materials, and employing conceptual and legal approach methods. The results of this writing explain that criminal acts can be excluded from punishment if they meet the elements of forced defense as stipulated in Article 49 of the Criminal Code. The victim of the crime of robbery (begal) who defends themselves in an emergency cannot be convicted if the action is carried out proportionally, as a reaction to a real threat to self, honor, or property. The recognition of forced defense as a reason for criminal expungement provides legal protection for victims of crime who are forced to defend themselves. This encourages law enforcement officials to consider aspects of justice, proportionality, and the context of the event in the criminal justice process.

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Journal Info

Abbrev

POLRI

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) is an international journal established by Transpublika Research Center. POLRI is an open access, double peer-reviewed e-journal which aims to offer an international scientific platform for national as well as cross-border legal research. The ...