Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Vol 10 No 2 (2025): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam

Analisis Yuridis Pasal 49 KUHP terkait Pembelaan Terpaksa dalam Studi Putusan Nomor 115/Pid.B/2021/PN Stb

Ulyatin Zumaroh, Siti Nur (Unknown)
Rusdiana, Emmilia (Unknown)



Article Info

Publish Date
31 Dec 2025

Abstract

This study aims to examine the juridical application of Article 49 KUHP through an analysis of Decision Number 115/Pid.B/2021/PN Stb, with particular attention to the judicial assessment of the elements of self-defense. This research employs normative legal research (doctrinal legal research) using a qualitative approach, supported by the statute approach, case approach, and conceptual approach. The primary legal materials consist of statutory regulations and court decisions, while secondary materials include legal doctrines and scholarly publications in criminal law. The findings reveal that the court’s legal reasoning has not fully accommodated the principles of proportionality and contextual interpretation, resulting in an emphasis on formal legal requirements rather than the protective function of self-defense as a justification ground (rechtvaardigingsgrond). This study concludes that a more contextual and proportional interpretation of Article 49 KUHP is necessary to ensure legal certainty, justice, and legal utility in the application of self-defense provisions.

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Journal Info

Abbrev

legalite

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

Legalite is published by the Islamic Sharia Law Study Program Faculty of IAIN Langsa. This journal contains a study related to the law, thoughts, and renewal of Islamic Criminal Law both in Indonesia and abroad. This journal is published twice a year: June and ...