POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI)
Vol. 5 No. 3 (2026): JULY

A Legal Analysis of Self-Defense (Noodweer) in Criminal Assault Cases

Alfredo Rynaldi (Department of Criminology, Faculty of Social and Political Sciences, Universitas Indonesia, Depok, Indonesia)
Hadina Rivaldi Diaz (Department of Criminology, Faculty of Social and Political Sciences, Universitas Indonesia, Depok, Indonesia)
Angga Hendrawinangun (Department of Law, Faculty of Law, Universitas Krisnadwipayana, Bekasi, Indonesia)



Article Info

Publish Date
01 Jul 2026

Abstract

The application of self-defense (noodweer) in assault cases remains a controversial issue in Indonesian criminal law, particularly regarding the limits of justified defensive actions and criminal liability in spontaneous multi-party conflicts. This study aims to analyze the criminal liability of the parties involved and examine the applicability of noodweer and noodweer exces under the Indonesian Criminal Code. This research employs a normative juridical method using statutory and conceptual approaches. Primary legal materials consist of Articles 49 and 351 of the Indonesian Criminal Code, supported by secondary legal materials, including legal doctrines, scholarly literature, and recent studies. The collected legal materials were analyzed qualitatively through descriptive-analytical methods. The findings indicate that A acted as the initial aggressor by initiating and continuing unlawful violence against B and C. Although B's act of striking A with a wooden object formally fulfills the elements of assault, it may be justified as noodweer or alternatively categorized as noodweer exces. Meanwhile, C's intervention is solely aimed at preventing further violence and therefore does not constitute a criminal offense. The study emphasizes the importance of contextual interpretation, proportionality, and defense of others in determining criminal liability.

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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 ...