Based on the research results, there are several suggestions that
need to be conveyed to several parties, namely: first, to judges as
law enforcers, to pay more attention to everyone who carries out
forced defense, especially judges must consider in deciding the
sentence in order to create social justice. Furthermore, to the
community, when experiencing a crime of robbery, the community
must be brave in defending themselves by defending themselves to
protect the rights that need to be defended. Finally, to the
perpetrators of forced defense, in the event of a crime, the
perpetrators of forced defense can explain the actual incident to law
enforcers for the actions carried out.
Crime is a planned act or neglect in violating criminal law, the law
stipulated in legislation and jurisprudence, carried out not only in
self-defense and without justification, and is legalized by the State
as a serious crime (felony) or a minor crime (misdemeanor). Felony
usually refers to an offense that is punishable by a year or more in
prison, while misdemeanor is a minor crime that is punishable by
less than one year in prison. As explained above, there is a problem
of forced self-protection against oneself or others or to protect other
people^s property and defend one^s property rights.
Mrs Rizki and team, my name is ivana and i would like to raise a question.
Attacks with forced protection are carried out by the victim himself in order to save
others or himself so that the perpetrator faces death and the victim only faces injuries.
try to mention and explain the article in the Criminal Code regarding forced defense?
Until this matter is included in the type of forced defense in Article
49 of the Criminal Code. In Indonesian Criminal Law it is known as
^Noodweer^. To be clearer, Noodweer itself is regulated in Article 49
paragraph (1) which reads: ^No one who carries out an act of forced
defense for himself or for others, the honor of morality or property of
himself or others, because there is an attack or threat of attack that
is very close at that time which is against the law^. In Article 49
paragraph (2) which reads: ^Excessive forced defense, which is
directly caused by great mental shock due to the attack or threat of
attack, is not punished^
