Can Noodweer Be an Instrument for Eliminating Crime?

In essence, a person who can be held criminally responsible is a person who commits an act prohibited by law, while noodweer has clear legitimacy regarding the rule that it is permissible to do so in the eyes of the law. In line with this, Van Hamel agrees that forced defense cannot be criminalized because forced defense according to the law is a right whose legal basis is regulated in the Criminal Code so that it is used as a legal defense.

A person who commits a criminal act should be subject to criminal sanctions, but this also depends on how the act committed contains an error. If it is proven that an act contains an error, then it is definitely a criminal act. However, a criminal act can be removed from its error for two reasons, namely reasons for excuse and reasons for justification. One of the reasons for eliminating crime is the forced defense of someone who feels threatened.

The regulations governing forced defense are in Article 49 Paragraph 1 of the Criminal Code (KUHP) which explains that a person who commits forced defense cannot be criminalized. Because the responsibility is not borne by the victim who ultimately defends his safety.

Moreover, the right to life has been guaranteed its existence and legal protection as stipulated in Articles 28A to 28J of the 1945 Constitution of the State of Indonesia (UUD NRI 1945) which basically guarantees that the state has the right to recognize the right to life of every person and has the right to defend that right to life. So, it can be ascertained that maintaining individual human rights as long as it is within the limits permitted by law is a natural thing for everyone to do.

If there is a case where the victim ultimately becomes a suspect, is it legal? Of course, if this happens, it can be a real example of the weak integrity and professionalism of law enforcement officials in Indonesia because they do not carry out their duties and authorities in accordance with the mandate of the legislation. Moreover, this is already clearly and in detail stated in the National Criminal Code. Of course, it becomes clear that the regulation is the legal umbrella for forced defense actions. In other words, if someone hurts another person for the safety and security of themselves, they cannot be criminalized.