Pembuktian Noodweer Exces Sebagai Alasan Pemaaf Terhadap Hapusnya Pidana Bagi Pelaku Tindak Pidana Pembunuhan Dalam Putusan Hakim (Studi Putusan Nomor 4/Pid.B/2024/Pn Jnp)

Abstract

When someone is faced with a dangerous condition, they are generally unable to control their emotions and are able to take actions that exceed the limits of reasonable self-defense. This condition is known as noodweer excess. Forced defense that exceeds the limit, namely forced defense carried out due to severe mental shock due to an attack or threat of attack, is not punishable. The background of the problem that occurs is because it is necessary to clarify and strengthen the legal understanding between noodweer and noodweer excess arises because there are circumstances where someone is forced to carry out self- defense that exceeds the limit or not as a reason for eliminating the criminal offense. The formulation of the problem raised in this thesis is how to regulate noodweer excess in criminal law in Indonesia, how to prove noodweer excess as a reason for forgiveness in criminal law in Indonesia, and how the judge's considerations in applying noodweer excess to the perpetrator of the crime of murder in Decision Number 4 / Pid.B / 2024 / PN Jnp. The research method used is a normative legal research method which is carried out by examining library materials. The data sources used are primary legal materials, secondary legal materials, tertiary legal materials. The data collection techniques used are literature studies and document studies. The data analysis used is qualitative data analysis. The results of this study are noodweer excesses regulated in Article 49 paragraph (2) of Law Number 1 of 1946 concerning Criminal Law Regulations and updated in Article 43 of Law Number 1 of 2023 concerning the Criminal Code. In addition to fulfilling at least 2 pieces of evidence, proof in noodweer excesses also requires an in-depth assessment of the psychological condition of the criminal, which can be proven through expert testimony from a psychiatrist. In this case, the judge categorized the act of fraud as noodweer excesses and issued a decision to acquit. However, based on the analysis of this case, it can be concluded that the actions taken are more appropriately recommended as a forced defense (noodweer) rather than a forced defense that exceeds the limit (noodweer excesses).