JURNAL USM LAW REVIEW
Vol. 8 No. 2 (2025): AUGUST

Self-Defense in Criminal Law: Examining Limitations and Implications for Criminal Liability

Auzan Wafi (Unknown)
Hery Firmansyah (Unknown)



Article Info

Publish Date
08 Jun 2025

Abstract

This research aims to examine the legal limitations in the application of excessive self-defense (noodweerexces) and its implications for criminal liability in the Indonesian criminal law system. The urgency of this study stems from inconsistencies in judicial practice regarding the interpretation of reasonable limits in self-defense cases, creating legal uncertainty and potential injustice. This research employs a normative juridical method examining legal regulations, theories, principles, and court decisions related to justification and pardon in Indonesian criminal law. The findings indicate that the application of excessive self-defense requires particular attention to avoid violating fundamental principles of justice, with both objective and subjective evaluations necessary to ensure fair law enforcement. The study reveals that variations in judicial decisions necessitate clearer guidelines to ensure legal certainty, while psychological factors of perpetrators significantly influence considerations in noodweerexces assessments. This research contributes new insights by specifically integrating the analysis of objective legal standards with subjective psychological states in criminal liability determination, filling the gap left by previous studies that examined these aspects separately. The study recommends the development of standardized judicial guidelines through Supreme Court circular letters (SEMA) and mandatory training for judges on psychological assessment in self-defense cases, as well as the incorporation of forensic psychology experts in the judicial process for noodweerexces cases.

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Journal Info

Abbrev

julr

Publisher

Subject

Social Sciences

Description

Journal USM LAW REVIEW (JULR) is an academic journal for Legal Studies published by Master of Law, Semarang University. It aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches ...