ANALISIS YURIDIS PENERAPAN KONSEP NOODWEER DAN ASAS PROPORSIONALITAS DALAM KASUS HOGI MINAYA (SLEMAN 2025

Abstract

Abstract: Self-defense (noodweer) is a justification in criminal law that provides protection to someone who defends themselves against an unlawful attack. Although it has been regulated in Law Number 1 of 2023 concerning the Criminal Code, its application still causes problems, especially regarding the interpretation of the principle of proportionality which often leads to the criminalization of victims who defend themselves. This condition is reflected in the Hogi Minaya case in Sleman in 2025. This study aims to analyze the provisions and limitations of noodweer in Indonesian criminal law and the application of the principle of proportionality in assessing self-defense actions in this case. The study uses a normative legal research method with a statutory approach, a conceptual approach, and a case approach, which is analyzed qualitatively using primary, secondary, and tertiary legal materials. The results show that noodweer can only be applied if there is an unlawful attack, is immediate, meets the elements of the need for defense, and is in accordance with the principle of proportionality. In the Hogi Minaya case, legal assessment should not only focus on the consequences, but also consider the emergency circumstances, the purpose of the defense, and the balance of the actions taken so that legal protection for the victim can be implemented fairly and provide legal certainty.

Keywords: Noodweer; Principle Of Proportionality; Forced Defense; Self-Defense; Indonesian Criminal Law