ANALISIS YURIDIS PEMBELAAN TERPAKSA YANG MELAMPAUI BATAS (NOODWEER EXCES) PADA PASAL 49 AYAT (2) KUHP DALAM PERKARA TINDAK PIDANA PENGANIAYAAN (PUTUSAN NOMOR 33/PID.B/2024/PN Bir)

Abstract

This study analyzes the application of excessive self-defense (noodweer exces) as regulated in Article 49 paragraph (2) of the Indonesian Criminal Code (KUHP) by examining Verdict Number 33/Pid.B/2024/PN Bir regarding an assault case committed by Hazli Bin Sulaiman. The analysis focuses on the fulfillment of the elements of the article and the accuracy of the judge’s considerations in delivering the verdict based on the concept of noodweer exces. The research method used is normative juridical, employing a statutory and case approach. Legal materials include legislation, legal doctrines, and court decisions. The results of the study indicate that the defendant's actions contained elements of intent and were not entirely carried out in a state of severe emotional disturbance. Furthermore, the defense exceeded reasonable limits, as the victim no longer posed a threat after the weapon was seized by the defendant. Therefore, the author argues that the judge's decision to acquit the defendant was appropriate, although it should have been strengthened by expert psychological testimony as a basis for consideration. This research is expected to contribute to the development of criminal law, particularly regarding the concept of self-defense in judicial practice in Indonesia.