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Abstract
ABS-33
LEGAL PROTECTION FOR PERPETRATORS BEGAL OF MURDER ON THE BASIS OF FORCED DEFENSE
Rizki Rahmania (a*), M. Gaussyah(b), Mohd. Din(c), Mahmud Mulyadi(d), Rosmalinda(e)
Corresponding Author: Rizki Rahmania


Question from Ms. ivana novrinda rambe
2024.11.05 11:37:31

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?

Thank you.

Reply from Ms. Rizki Rahmania
2024.11.05 12:45:13

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^

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