ANALISIS YURIDIS NOODWEER EXCES PADA PASAL 49 AYAT (2) KUHP TERHADAP PERKARA TINDAK PIDANA PENGANIAYAAN (PUTUSAN NOMOR 125/PID.B/2025 PN Lbo)

Abstract

The application of excessive self-defense (noodweer exces) in judicial practice often gives rise to differing interpretations, particularly regarding the fulfillment of the element of severe mental disturbance (hevige gemoedsbeweging) as a ground for excuse. This issue is reflected in District Court Decision Number 125/Pid.B/2025/PN Lbo. This study aims to examine the consistency of the judges’ reasoning with Article 49 paragraph (2) of the Indonesian Criminal Code (KUHP). It employs normative legal research using statutory, case, and conceptual approaches, with qualitative analysis of primary and secondary legal materials. The findings reveal that the initial circumstances fulfilled the requirements of noodweer due to an unlawful attack against the defendant’s stepdaughter. However, the defendant’s subsequent conduct after the attack had ceased, the existence of a time interval, and third-party intervention indicate that the emergency had ended. Moreover, the element of severe mental disturbance was not established, as the defendant remained capable of controlling his actions. Therefore, the application of noodweer exces was inappropriate.