In everyday life, we as a society often become victims of crimes/crimes committed by other people, either because of revenge, envy, or other interests. Basically, crime will never be separated from human life today, for several reasons, one of which is because of a person’s economic factors which make him or her indirectly have the intention to commit the crime and it could also be due to other factors. The crime itself can be in the form of theft, fraud, immoral acts, physical violence/beating, gunpointing, vandalism, persecution, and even murder. When someone feels threatened by a crime/crime that comes with him, then someone will naturally try to defend themselves spontaneously. The question is whether a person can be punished for carrying out an attempt to defend himself under forced circumstances?
For example, as an example of case (1) “While A was on his way home using his motorbike after doing a joint task at a friend’s house he was intercepted by someone using a motorbike. A person beats A because he intends to commit a robbery by taking his motorbike, but A is very clean and doesn’t want to give up his motorbike. Person A, who felt threatened, spontaneously took the pliers/screwdriver on the seat of his motorbike and repeatedly stabbed the thief, so that the perpetrator died on the spot.”
Case in point (2) “Si A, who is a woman, wants to travel to a shopping center using online-based transportation, for example, online motorcycle taxis (ojol). On the way, the ojol driver had a hidden intention to take A to a quiet place so he could commit rape. Arriving at the deserted place, the ojol driver forced A to take off his clothes and serve his lust. The frightened A at that time saw the wood in the form of a block and took it and then hit the block on the head of the motorcycle taxi driver. Due to a fairly hard blow from A, the motorcycle taxi driver died on the spot”.
From the two examples above, both are forms of defense that are classified as forced defence. In the Criminal Code (KUHP), Article 49 explains that “Whoever is forced to act in defense, because there is an attack or threat of attack at that time which is against the law, against himself or others, against the honor of morality (eerbaarheid) or property. own property or persons, shall not be penalized.”
Based on the article, we can find out that if someone receives threats of attack or unlawful crime from another person, then basically someone can be justified to make a defense against that action. This is justified even though it is done in a way that harms the legal interests of the attacker or the perpetrator, which in ordinary circumstances is a prohibited act where the perpetrator has been threatened with a punishment.
In my opinion, self-defense is an individual right that is engraved spontaneously because of a crime that has occurred, then it can be justified, so that people who exercise this right cannot be punished. In its implementation, the world judiciary and the sciences objectively consider that defense (noodwear) is a right to give resistance to a matter or interest that is against the law, thus giving rise to a rational thought that such acts of self-defense are legal because self-defense that is carried out because it is based on the rights he has.
A self-defense can be justified if it fulfills the elements, namely if the threat/attack experienced is unlawful (wederrechtelicjk), the threat/attack experienced is being and/or still ongoing, so that the attack experienced/received poses danger and threatens directly and is harmful to the person’s body, and can also be due to honor or property belonging to oneself or others. In addition, the defense made must also be appropriate and necessary, so that the defense can be justified in the eyes of the law.
As a conclusion from my explanation above, namely where the Indonesian Criminal Code has fully provided legal protection against acts of self-defense committed by someone in this case who is a victim of a crime/crime. A self-defense cannot be punished because it is an individual right which is an integral part of everyone to fight against acts that are against the law and injure moral values in our country. However, not all self-defense can be released from law enforcement in this case legal prosecution, where the self-defense must meet several of the elements mentioned above which include attacks to self-defense so that it can be used as a justification.
This opinion article was written by Muh. Fachrul Rozi Hasbul (Faculty of Law, Halu Oleo University). This article is the author’s personal opinion and does not represent the views of the editors of Yuris Muda Indonesia.