The Application of Noodweer and Noodweerexces as Grounds For Eliminating Criminal Liability

Abstract

This research is motivated by the ambiguity and inconsistency in the application of self-defense (noodweer) and excessive self-defense (noodweerexces) in criminal justice practice in Indonesia. The research problems addressed in this study are: (1) How are noodweer and noodweerexces applied in criminal justice practice in Indonesia? and (2) How is human rights protection ensured in the application of noodweer and noodweerexces? This study employs a normative juridical research method using statutory, conceptual, and case approaches. The results indicate that the application of noodweer and noodweerexces in practice remains inconsistent and tends to be subjective, particularly in assessing the elements of unlawful attack, the proportionality of the defensive act, and the psychological condition of the perpetrator. Differences in interpretation among law enforcement officials and limitations in evidentiary processes contribute to legal uncertainty. From a human rights perspective, the implementation of these two concepts has not yet provided optimal protection and may even lead to the criminalization of acts of self-defense.