ANALISIS PUTUSAN HAKIM NOMOR 60/PID/2016/PT KPG TERKAIT UNSUR PEMBELAAN TERPAKSA MELAMPAUI BATAS (NOODWEER EXCESS) PADA TINDAK PIDANA PEMBUNUHAN

Abstract

^{Excessive self-defense (noodweer excess) is an excuse recognized under Article 49 paragraph (2) of the Indonesian Criminal Code. Its application requires the existence of an unlawful attack or threat, an act of self-defense, severe mental disturbance (hevige gemoedsbeweging), and a causal relationship between the attack and the excessive defensive act. This study aims to analyze the concept of noodweerexcess under Indonesian criminal law and to examine whether the judges' legal reasoning in Decision Number 60/Pid/2016/PT Kpg is consistent with that concept. This research employs normative legal research using statutory, conceptual, and case approaches. The legal materials consist of primary, secondary, and tertiary legal sources analyzed through a prescriptive method using legal interpretation techniques. The findings indicate that the application of noodweer excess requires the cumulative fulfillment of all elements stipulated in Article 49 paragraph (2) of the Criminal Code. In Decision Number 60/Pid/2016/PT Kpg, the element of an unlawful attack and the initial act of self-defense were fulfilled. However, the elements of severe mental disturbance and causal relationship were not established because the act causing the victim's death occurred after the threat had been neutralized. This study also concludes that the legal reasoning of the Kupang High Court is consistent with the concept of noodweer excess, as it is based on proven facts, applies the appropriate legal norms, demonstrates logical legal reasoning, and conforms to established criminal law doctrine.}