Pembelaan Terpaksa dalam KUHP Nasional Sebagai Wujud Penegakan Hukum Pidana yang Berkeadilan

Studi Kasus Hogi Minaya

Abstract

The enactment of the National Criminal Code has updated Indonesian criminal law, including provisions on necessary defense (noodweer) as a justification. However, its application continues to spark debate in practice, as seen in the Hogi Minaya case regarding the line between legitimate self-defense and a criminal offense. This study aims to analyze the provisions on self-defense in the National Criminal Code and to examine their application in the Hogi Minaya case as a manifestation of fair criminal law enforcement. This study is a normative legal study using a statutory approach, a conceptual approach, and a case-based approach. Legal materials were analyzed qualitatively using a descriptive-analytical method. The results of the study indicate that the provisions on necessary defense in the National Criminal Code have provided more comprehensive parameters for assessing the existence of an unlawful attack, the element of necessity, the proportionality of the defensive action, and the balance between the protected legal interests and the actions taken. In the case of Hogi Minaya, the application of the elements of necessary defense should be carried out carefully and objectively to prevent the criminalization of a party acting to protect their life, honor, or property. Therefore, the proper application of the concept of necessary defense is an important instrument in realizing the enforcement of criminal law that upholds substantive justice.