Open AccessLegal Implications of Stopping the Investigation Because the Forced Defense (Noodweer) and Emergency Defense Exceed the Limits (Noodweer Excesses)
Author(s) -
Bakti Riza Hidayat,
Nurini Aprilianda,
Lucky Endrawati
Publication year - 2022
Publication title -
international journal of multicultural and multireligious understanding
Language(s) - English
Resource type - Journals
ISSN - 2364-5369
DOI - 10.18415/ijmmu.v9i2.3405
Subject(s) - principle of legality , law , criminal law , statutory law , normative , political science , legal certainty , criminal procedure , value (mathematics) , computer science , machine learning
This article examines the legal implications of stopping an investigation because the forced defense (noodweer) and emergency defense exceed the limits (noodweer excesses) of the legal framework in Indonesia. This is because there are three cases with different handling. This type of research is normative juridical research with a statutory approach and a case approach. The results of the study indicate that the legal implications of stopping the investigation on grounds of forced defense (noodweer) and emergency defense beyond the limit (noodweer excesses) are the non-realization of the value of legal certainty and the principle of legality which is the basis of criminal law, including material criminal law (criminal law book/KUHP) and criminal law formal (criminal procedure law/KUHAP).