Proporsionalitas Pembelaan Terpaksa Terhadap Serangan Mematikan Dalam Kejahatan Jalanan: Telaah Normatif Hukum Pidana Indonesia Dan Fiqh Jinayah

Enni Merita (Sekolah Tinggi Ilmu Hukum Sumpah Pemuda Palembang)

Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda
Vol. 32 No. 3 (2026)

This study aims to analyze the regulation and parameters of the proportionality of forced defense against deadly attacks in Indonesian criminal law and compare it with the concept of daf' al-shā'il in fiqh jinayah. The research uses normative legal methods with legislative, conceptual, case, and comparative approaches. Legal materials are analyzed through literature studies, systematization, interpretation, conceptual analysis, and prescriptive comparison. The results of the study show that Article 34 and Article 35 of the National Criminal Code have distinguished between forced defense as a justification and exceedance of the defense limit as a excuse for forgiveness, but have not provided operational proportionality parameters. These conditions contribute to differences in assessment in self-defense cases. Comparison with fiqh jinayah shows similarities in the rejection of defense that turns into retaliation, but differs in the mechanism of limitation and accountability for exceeding the limit. This study formulates seven proportionality indicators, namely the proximity of the threat, the level of seriousness of the danger, the real need for action, the defensive objective, the suitability of the response, the termination of the action after the threat ends, and the assessment of the concrete situation.