Rafif, M. (2025) Analisis Hukum Terhadap Perbuatan Pembelaan Diri (Noodweer Exces) Yang Mengakibatkan Kematian (Studi Putusan Nomor 115/Pid.B/2021/Pn Stb). Masters thesis, Universitas Islam Riau.

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Abstract

This study discusses legal issues related to noodweer exces in cases that result in death, focusing on the analysis of Decision Number 115/PID. B/2021/PN STB. The main problem lies in how to assess the proportionality of the selfdefense actions carried out by the defendant, whether it is included as legitimate self-defense or has exceeded the limit so that it can be categorized as noodweer excess. In Indonesian criminal law, self-defense must meet the elements of proportionality and urgency of danger, but in this case a dilemma arises when the perpetrator's actions are considered disproportionate to the threat faced, even if they are carried out in a situation of fear or psychological distress. This poses a challenge for judges to determine a balanced balance between legal protection for victims and mitigation considerations for perpetrators, while still paying attention to the principles of legal certainty and restorative justice. The formulation of the problem in this study includes how the legal arrangements regarding noodweer exces in criminal acts resulting in death according to the Criminal Code (KUHP) and what the judge considers so as to exempt the defendant from all charges based on decision number 115/Pid.B/2021/PN Stb. This research uses normative legal and empirical law research methods with a regulatory approach, in-depth interviews, and primary and secondary data analysis. The results of the study show that the legal regulation regarding noodweer exces in criminal acts resulting in death is regulated in Article 49 of the Criminal Code, but its application often raises a dilemma between the individual's right to defend himself and justice for the victim. The assessment of the "reasonable limit" relies heavily on the judge's subjective discretion, which takes into account the context of the situation, the threat, the psychological condition of the perpetrator, and the proportionality of the action. In Decision Number 115/Pid.B/2021/PN Stb, the judge acquitted the defendant Rencana Surbakti because his actions were considered an emergency defense that exceeded the limit, taking into account the direct threat from the victim armed with a knife, the perpetrator's extraordinary fear, and his cooperative attitude after the incident. However, the abstract definition of "reasonable limit" in Article 49 paragraph (2) of the Criminal Code often causes inconsistencies in decisions, so regulatory reform is needed to provide more objective standards, as well as a holistic approach that considers cultural, social, and moral aspects in society.

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