<![CDATA[This research examines the urgency of reconstructing the provocation doctrine in Indonesian criminal law related to murder committed under conditions of loss of self-control due to severe psychological pressure. The problem arises following the absence of provisions in Law No. 1 of 2023 on the Criminal Code governing psychological provocation, leading to legal uncertainty and the potential for gender bias in sentencing. Previous research by Garvey (2023), Slavković (2023), Owusu (2023), and Bettinson and Wake (2024) discussed the doctrine of provocation from the perspectives of comparative law, gender, and victim protection. However, no previous research formulates a model integrating “forensic psychology, victim protection, and criminal accountability” specifically applied to Indonesia. This research aims to formulate a model for reconstructing the provocation doctrine that is more proportional and gender-responsive. The method used is normative legal research with statutory, conceptual, comparative, and case approaches. The research results indicate that psychological provocation has been considered in Indonesian judicial practice, but without clear parameters. Therefore, this research offers the Indonesian Provocation Doctrine Concept based on evidence-based culpability, constitutional victim protection, and objective-contextual reasonableness. This research concludes that psychological provocation should serve as a basis for mitigating punishment, not as a justification or excuse. Explicit regulations in the Criminal Code are necessary to ensure legal certainty, victim protection, and proportional punishment. Theoretically, this research contributes to the development of modern criminal law and can serve as a reference for the reform of criminal liability doctrine in other countries.]]>
Copyrights © 2026
